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  • Applying for Spouse living outside of the US

    So I've been reading a lot and trying to figure out exactly what the process looks like. There seem to be a ton of applications I need to file so I'm just trying to figure out the timeline of it all.

    I'm currently a PR, planning on applying for citizenship next month. With the 8 month processing time it is taking, I should be done by October. I was considering getting married to my noncitizen fiance in India during this time period as well...does that affect my citizenship processing at all?

    So far, I know I can apply for my spouse on my PR. So let's say the wedding happens in Aug (in the middle of N-400 processing) and I return to the US and apply for I-130 for him right away and during this time successfully get my citizenship, what happens with the I-130 form that I applied for as a PR? Does it switch over to the citizen category? So can I go ahead and apply for an I-485 at this point as a citizen?

    Or is it better to just wait until I get my citizenship, then go ahead and apply for I-130 as a citizen and then how long does it take for him to be able to enter the US? Also, I realize as a citizen I can simultaneous apply for I-485 so he will be able to work soon after his arrival in the US, yes? And I can apply for the K3 as soon as I get a receipt for the I-130 to expedite his arrival into the US.

    Or is it just fastest for me to get citizenship and then apply for fiance visa and get married after his arrival in the US?

    Can someone just kind of fill in some of the holes I have here and help me make the best decision?

  • #2
    You can submit an I-130 for your wife while you are still on Green Card status, then update your petition when you become naturalized.

    --Ray B

    QUOTE=confusedwithlife;383099]So I've been reading a lot and trying to figure out exactly what the process looks like. There seem to be a ton of applications I need to file so I'm just trying to figure out the timeline of it all.

    I'm currently a PR, planning on applying for citizenship next month. With the 8 month processing time it is taking, I should be done by October. I was considering getting married to my noncitizen fiance in India during this time period as well...does that affect my citizenship processing at all?

    So far, I know I can apply for my spouse on my PR. So let's say the wedding happens in Aug (in the middle of N-400 processing) and I return to the US and apply for I-130 for him right away and during this time successfully get my citizenship, what happens with the I-130 form that I applied for as a PR? Does it switch over to the citizen category? So can I go ahead and apply for an I-485 at this point as a citizen?

    Or is it better to just wait until I get my citizenship, then go ahead and apply for I-130 as a citizen and then how long does it take for him to be able to enter the US? Also, I realize as a citizen I can simultaneous apply for I-485 so he will be able to work soon after his arrival in the US, yes? And I can apply for the K3 as soon as I get a receipt for the I-130 to expedite his arrival into the US.

    Or is it just fastest for me to get citizenship and then apply for fiance visa and get married after his arrival in the US?

    Can someone just kind of fill in some of the holes I have here and help me make the best decision?[/QUOTE]

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