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Petition Spouse as Permanent Resident or as USCitizen

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  • Petition Spouse as Permanent Resident or as USCitizen

    Hi,

    I just got married 5 months ago in the Philippines. I am a permanent resident and I am currently back here in US.
    I am wondering which option is the best or fastest way for me to get my husband to come here as immmigrant.
    I would be eligible for citizenship on November 2009.
    Should I wait to become citizen then apply for petition for my husband, or should I apply now as permanent resident petitioning for immediate relative (I-130)? They say I could apply now then just upgrade my petition the moment I become citizen, but will this procedure cause some delays on the processing? Any advice you could give me is much appreciated. Thank you.

  • #2
    Applying for I-130 when you become a citizen VS applying as a resident and then upgrading is about the same.

    Some people say it is best as a resident and that way there is an I-130 in process, but the truth is that it will not be approved for a year or so, and then it will take 5-6 years before he can get a visa.

    I would rather file for him when you are a citizen, that way things will go in only 1 process and avoid any delays (but if the I-130 fee raises by then, you will have to pay that new fee).

    it is up to you, but I would rather file when you become a citizen.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Petition for Spouse as Permanent Resident or US Citizen

      Thank you so much for your advice. You are such a big help.

      I have another question though.
      I am currently still using my maiden name. I figured, it would be less tideous and cost-efficient if I just file a petition for my spouse (as permanent resident) using my maiden name and avoid going through all the hassle of changing information for green card, SS , DMV,Passport, etc.
      If during my application for Citizenship, I opted to change my name then using my married name, will this in any way affect the petition I submitted previously (the one where I petitioned for my husband as permanent resident using my maiden name)?
      I would like to cover all areas in question before I make my move.
      I am a little paranoid because I am fully aware that even small errors could cause so much delay in the processing.
      Again, thank you so much for your help.
      Last edited by bijin1972; 12-10-2007, 12:28 AM.

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      • #4
        You can change your name, but at the time of the interview (for your spouse's visa or GC) update the information showing the proper documentation recording the name change.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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        • #5
          hi,
          my wife and i have gotten married in the Philippines,and have been married for 2 years,i just want to know how to go about getting her to guam. and what papers and forms do i need to prepare for any fileing needed, your help is greatly appreciated.

          cire13

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