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I'm a GC holder can hubby under VWP get GC based on F2A

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  • I'm a GC holder can hubby under VWP get GC based on F2A

    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
    You should wait until you naturalize. F2A has about a 2 year wait before you can apply for adjustment. It?s possible he might or might not have trouble entering on the VWP if you go ahead and file the I-130 which is all you could do right now. You?d likely naturalize before he could adjust, so you might as well wait and file both together. There no benefit to filing the I-130 first for a spouse of a US Citizen.
    Adjustment of Status c(9) 400 days
    Married: 8/18/17
    Package Sent: 10/16/17 ~~ Received (PD): 10/19/17
    I-485 Status - "Biometrics Fee Received": 10/28/17
    Biometric Appointment (11/16/17) Received: 11/3/17 Done: 11/9/17
    EAD/AP Approved: 1/4/18 (Day 77) Notices & Card Received: 1/11/18
    EAD/AP Renewal Received: 10/4/18
    Interview Notice & EAD/AP Renewal Receipts Received: 10/9/18 (Day 355)
    Interview date: 11/13/18 ~ New Card Being Produced (Day 390)
    Card in hand! 11/23/18 (Day 400)

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    • #3
      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.
      I agree with miiki, you should wait until you naturalize
      Last edited by krypton9591; 11-30-2018, 07:36 PM.
      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
        Thanks, that's what o thought too.

        Originally posted by miiki View Post
        You should wait until you naturalize. F2A has about a 2 year wait before you can apply for adjustment. It?s possible he might or might not have trouble entering on the VWP if you go ahead and file the I-130 which is all you could do right now. You?d likely naturalize before he could adjust, so you might as well wait and file both together. There no benefit to filing the I-130 first for a spouse of a US Citizen.
        - - - Updated - - -

        Originally posted by krypton9591 View Post
        I agree with miiki, you should wait until you naturalize
        Thanks for your input!

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