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Hubby under VWP, me GC holder can I submit I130&I485 for hubby?

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  • Hubby under VWP, me GC holder can I submit I130&I485 for hubby?

    Hi Everyone,
    I have a few questions. So I got my GC thru Asylum on November 2011. I got married to my longtime boyfriend who was an F1 student in the USA, but by the time we got married he had already gratuaded and left the USA and came back under the VWP since he is French. We got married in December 2013 in the USA, hubby was under the VWP at this time. We' ve been travelling back on forth between France and the USA. I always file my taxes on time and each year and I do have a reentry permit as well in case I spent more than 6months abroad. I recently sent in my application for my citizenship N-400 on March 2018, and did my biometrics on March 23, 2018. I am still waiting for my Interview to be scheduled. I am currently back in the USA since October 2018 and my husband joined mid november 20018 under the VWP. We have decided that it is better we stay here and therefore I would like to apply for him to get his GC.
    I would like to know if I should wait until I get my Naturalization approved to file for my Husband to get his GC? Or should I file now for him form I-130 and/or AOS since he is currently present legally in the USA based on the fact that he is married to a GC holder (F2A)?
    Which one is quicker?
    Thank you for taking the time to read and help me.

  • #2
    Interveiw

    Originally posted by myriamia View Post
    Hi Everyone,
    I have a few questions. So I got my GC thru Asylum on November 2011. I got married to my longtime boyfriend who was an F1 student in the USA, but by the time we got married he had already gratuaded and left the USA and came back under the VWP since he is French. We got married in December 2013 in the USA, hubby was under the VWP at this time. We' ve been travelling back on forth between France and the USA. I always file my taxes on time and each year and I do have a reentry permit as well in case I spent more than 6months abroad. I recently sent in my application for my citizenship N-400 on March 2018, and did my biometrics on March 23, 2018. I am still waiting for my Interview to be scheduled. I am currently back in the USA since October 2018 and my husband joined mid november 20018 under the VWP. We have decided that it is better we stay here and therefore I would like to apply for him to get his GC.
    I would like to know if I should wait until I get my Naturalization approved to file for my Husband to get his GC? Or should I file now for him form I-130 and/or AOS since he is currently present legally in the USA based on the fact that he is married to a GC holder (F2A)?
    Which one is quicker?
    Thank you for taking the time to read and help me.

    Hello, Did you ever get your interview done? or are you still waiting?

    Comment


    • #3
      the question has been answered on a different thread https://www.immihelp.com/forum/showt...C-based-on-F2A
      This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

      -Krypton9591

      Comment


      • #4
        I didn't start the process for my husband yet.
        I was looking for a few advices from people who already did it.
        Originally posted by AC2 View Post
        Hello, Did you ever get your interview done? or are you still waiting?
        - - - Updated - - -

        Thank you I just saw it.

        Originally posted by krypton9591 View Post
        the question has been answered on a different thread https://www.immihelp.com/forum/showt...C-based-on-F2A

        Comment

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