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  • Marriage to a greencard holder

    Hi,
    I am h1b holder with Indian passport. My wife is a green card holder. If I file my gc application on her gc how long will it take? I also have my gc application through my work(started in aug. 2013). I want to keep both these files and see which comes quicker. Also, my wife's gc is up for renewal nov.2014. She has gc since 9 years but she stayed in India and came to us once a year to keep her gc and filed taxes every year. Shall I wait for her gc to renew in nov. 2014, then get her citizenship and then file for my gc? would that be quicker? or can is there a way she can get citizenship before her gc renewal ( she hasn't stayed 30 months in us in last 5 years).
    I know I have multiple questions but I would really appreciate the help. Thanks!

  • #2
    Your wife is not eligible for Naturalization yet.

    One does not apply for a Green Card directly. If you are outside the U.S., your wife has to submit an immigrant visa form and package, I-130.

    If you are in the U.S. on a valid visa, she can combine the previously submitted proof of I-130 with the I-485, I-864, I-765 and I-131, AFTER YOUR PRIORITY DATE IS REACHABLE, about 4 months after the I-130 is accepted.

    -Ray B

    Originally posted by kunalshah View Post
    Hi,
    I am h1b holder with Indian passport. My wife is a green card holder. If I file my gc application on her gc how long will it take? I also have my gc application through my work(started in aug. 2013). I want to keep both these files and see which comes quicker. Also, my wife's gc is up for renewal nov.2014. She has gc since 9 years but she stayed in India and came to us once a year to keep her gc and filed taxes every year. Shall I wait for her gc to renew in nov. 2014, then get her citizenship and then file for my gc? would that be quicker? or can is there a way she can get citizenship before her gc renewal ( she hasn't stayed 30 months in us in last 5 years).
    I know I have multiple questions but I would really appreciate the help. Thanks!

    Comment


    • #3
      thanks

      thanks Ray. I am in US and working on h1b. I will apply I-130 now.

      - - - Updated - - -

      thanks Ray. I am in US and working on h1b. I will apply I-130 now.



      Originally posted by rayb View Post
      Your wife is not eligible for Naturalization yet.

      One does not apply for a Green Card directly. If you are outside the U.S., your wife has to submit an immigrant visa form and package, I-130.

      If you are in the U.S. on a valid visa, she can combine the previously submitted proof of I-130 with the I-485, I-864, I-765 and I-131, AFTER YOUR PRIORITY DATE IS REACHABLE, about 4 months after the I-130 is accepted.

      -Ray B

      Comment


      • #4
        You are confusing me. If your wife has the Green Card, she is the petitioner of the I-130, and you are the beneficiary. You can't submit an I-130 yourself.

        But the subsequent I-485 and supporting documents should not be submitted until your Priority Date, established from submittal of the I-130, is reachable, about 4 months after submittal.

        --Ray B

        QUOTE=kunalshah;322278]thanks Ray. I am in US and working on h1b. I will apply I-130 now.

        - - - Updated - - -

        thanks Ray. I am in US and working on h1b. I will apply I-130 now.[/QUOTE]

        Comment

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