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Filed spouse visa twice-as a permanent resident and now as a us citizen

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  • Filed spouse visa twice-as a permanent resident and now as a us citizen

    My husband filed for a spouse visa for me when he was only a green card holder in march 2013 ,he became and American citizen in July 2014 and filed i 130 for me in august 7 2014 .

    Will the two petitions would somehow reduce my processing time?

    My case tracker says that my case is in the initial review process? How long does this process take ?

  • #2
    Your husband should not have filed a second petiton. The first one could have been modified to reflect his citizenship status and have "Immiediate Priority" as a CR-1 (or IR-1) class.

    You should immediately inform USCIS of his citizenship status for the first petition, the after the petition status is changed, cancel the second one.

    --Ray B

    Originally posted by Anamta View Post
    My husband filed for a spouse visa for me when he was only a green card holder in march 2013 ,he became and American citizen in July 2014 and filed i 130 for me in august 7 2014 .

    Will the two petitions would somehow reduce my processing time?

    My case tracker says that my case is in the initial review process? How long does this process take ?

    Comment


    • #3
      Actually me and my husband are stuck in a big dilemma. He just got a job transfer to a different country, now all I need is a green card so that we both can go back to USA whenever we want to. Is it possible while I live with him in that country and still get the green card? Or do I have to live there until the green card procedure ?

      Comment


      • #4
        Green Cards are not issued to immigrants while they are out of the U.S. You must be in the U.S. to receive your Green Card (if processed abroad) or interviewed in the U.S. if being processed with Adjustment of Status while in the U.S.

        --Ray B

        Originally posted by Anamta View Post
        Actually me and my husband are stuck in a big dilemma. He just got a job transfer to a different country, now all I need is a green card so that we both can go back to USA whenever we want to. Is it possible while I live with him in that country and still get the green card? Or do I have to live there until the green card procedure ?

        Comment


        • #5
          Originally posted by rayb View Post
          Your husband should not have filed a second petiton. The first one could have been modified to reflect his citizenship status and have "Immiediate Priority" as a CR-1 (or IR-1) class.

          You should immediately inform USCIS of his citizenship status for the first petition, the after the petition status is changed, cancel the second one.

          --Ray B
          Thank you so much for your help sir

          Another question,if my husband doesn't cancel he second petition and we go on with our i130,will it become an issue in my immigration to USA ?
          How long will this process take through I 130 ?
          Last edited by Anamta; 08-23-2014, 05:49 PM. Reason: Mistyping

          Comment


          • #6
            The answer depends on whether you are being processed in the U.S. or in your home country.

            If you are being processed in your home country, you could save about 6 months by having your first petition amended to reflect your husband's citizenship status, since the petition is probably already approved, but about ready for the NVC process.

            --Ray B

            Originally posted by Anamta View Post
            Thank you so much for your help sir

            Another question,if my husband doesn't cancel he second petition and we go on with our i130,will it become an issue in my immigration to USA ?
            How long will this process take through I 130 ?

            Comment


            • #7
              Originally posted by rayb View Post
              The answer depends on whether you are being processed in the U.S. or in your home country.

              If you are being processed in your home country, you could save about 6 months by having your first petition amended to reflect your husband's citizenship status, since the petition is probably already approved, but about ready for the NVC process.

              --Ray B
              I am not sure about where my case is getting processed,the case tracker says that my I 130 is in the initial review process? How long does this process take ?

              Comment


              • #8
                When petitioned by a Green Card holder, USCIS might take up to a year to approve the petition.

                -Ray B

                Originally posted by Anamta View Post
                I am not sure about where my case is getting processed,the case tracker says that my I 130 is in the initial review process? How long does this process take ?

                Comment


                • #9
                  Originally posted by rayb View Post
                  When petitioned by a Green Card holder, USCIS might take up to a year to approve the petition.

                  -Ray B
                  But the second petition is filed by him as an American citizen.how long does this take for the approval?

                  Comment

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