Mark Robert Barr
Mark Robert Barr, Immigration Attorney - Denver, CO
Posted over 1 year ago.

And how old are your kids?

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Asker
Posted over 1 year ago.

my wife has a green card since 2008 and she applied for naturalization but she were denied because she overstayed out of US more than 1 year ... about my kids they are 3 years and 1 year old.

Mark Robert Barr
Mark Robert Barr, Immigration Attorney - Denver, CO
Posted over 1 year ago.

OK, so she disrupted the continuity of her residence. That sucks. When did she come back after that long departure?

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Asker
Posted over 1 year ago.

they told her that she can apply in August 2014 ... and till that time I will be trying to work legally there for living...

Mark Robert Barr
Mark Robert Barr, Immigration Attorney - Denver, CO
Posted over 1 year ago.

Have you ever been the victim of a crime in the U.S.?

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Asker
Posted over 1 year ago.

Never... and I have not overstayed during my visit

Mark Robert Barr
Mark Robert Barr, Immigration Attorney - Denver, CO
Posted over 1 year ago.

You are probably going to have to wait, but it shouldn't be three years. Let's lay out a possible timeline:

In August, 2014, your wife will file for naturalization. At the same time, she could file the I-130, asking to have you classified as the spouse of an LPR.

The naturalization, and the I-130, should take about 5 months to process. So let's say both are approved in January, 2015.

At that point, the I-130 will be reclassified as an Immediate Relative petition, and you'll file your application for a green card. Now, the green card itself will take about 5-6 months to process. But, while you are waiting you can apply for a work permit. That should take about 2 months to process, sometimes 3. So, if you file as soon as your wife becomes a citizen, which we think could be in January, 2015, then you should have your work permit in about March or April, 2015. In other words, in about 2 years, rather than 3.

Still a long wait, I know.

Are you still in valid nonimmigrant status? Do you have the education/experience to change to an employment-based nonimmigant category?

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Asker
Posted over 1 year ago.

Yea my B1/B2 visa is valid until 2016... and I have a bachelor decree and 5-year experience..

Mark Robert Barr
Mark Robert Barr, Immigration Attorney - Denver, CO
Posted over 1 year ago.

Right, but what date is on your I-94? When do you have to leave?

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Asker
Posted over 1 year ago.

I already left and I am planning to go back again soon

Mark Robert Barr
Mark Robert Barr, Immigration Attorney - Denver, CO
Posted over 1 year ago.

Has your wife already filed the I-130 for you?

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Asker
Posted over 1 year ago.

No not yet, should she? If yes, is it gonna effect my visa?

Mark Robert Barr
Mark Robert Barr, Immigration Attorney - Denver, CO
Posted over 1 year ago.

Yes, when you apply for admission on that visa, immigration officials will have reason to believe that you're actually planning on coming as an immigrant--as evidenced by the I-130--rather than as a nonimmigrant.

With your wife nearly able to naturalize, it probably doesn't make sense to have her file the I-130 now. It would be a dlifferent calculation if she still had 5 years to go. In that case, you would be able to come quicker as the spouse of an LPR, and you'd want to start that process.