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  • Please advise me

    I am so confused.

    My husband is in US on F1 visa. I am on H1B visa and we have applied for Greencard thu my employer in Indiana on July 2003. Its in initial processing stage now at LC stage. Its taking for ever as Indiana is processing April 2001 right now.

    Meanwhile, Next thursday my mom-in-law will be having a citizenship oath ceremony in Wisconsin. She will be filing for my husband's green card application as Family based. I am not sure which documents and forms to submit for my Husband, as we are already present in USA and also filed for Gc application thru my employer.

    Please advise me.
    Thanks
    RPH

  • #2
    Re

    The family-based application would be in Family Category 3 (Married Sons and Daughters of Citizens). There is a backlog of about 7 years for that category, according to the latest Visa Bulletin (http://www.immihelp.com/greencard/visa-bulletin.jsp)
    That means the application would take at least 7 years, probably longer (the waiting times tend to go up.)
    Your mother-in-law can file an I-130, but your husband can only file an I-485 once the PD becomes current in 7 years or so.
    My guess is that while the employment-based application is slow, it still will be faster than the family-based one...

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