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Green card question

Coral Gables, FL |

Hi I am a cuban political refugee and a US Perm resident holder have been for the last 3 years. I have married a foreign girl 2 years ago and have had a long distance relationship but I want her to join me in the USA what is needed?

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Attorney answers 4


You'll need to file an I-130 visa petition on her behalf and prove that you are in a real marriage (and not one only for an immigration benefit). Upon approval of the I-130, the National Visa Center will ask you for some fees and some more documents from her and an affidavit of financial support. Upon submission, she'll have an interview scheduled and hopefully be approved to enter as a green card holder. I suggest you retain counsel as there will be some bumps along the road and you'll want to ensure these are met with the appropriate responses.



Do you know how long it will take as it is a possibility she is pregnant


You will need to file a petition for your wife. This process can take 3-4 years so you are behind if you married 3 years ago. Consult with an experienced immigration attorney for case specific advise on how best to proceed.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.



Does that mean we cannot be together for 3 or 4 years?? how does it work?

Jeffrey Adam Devore

Jeffrey Adam Devore


Possibly, yes. You need to schedule a consultation with an experienced immigration attorney who can review the specific facts of your case and provide you with appropriate advice on what can be done to possibly speed up the process.


I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


As my colleagues mentioned, you would have to file an I-130 petition for her and then wait for her visa number to be available. Once you have been a permanent resident for 5 years (based on the date on your permanent resident card), you would be eligible for US Citizenship. Once you take the oath to naturalize as a US Citizen, you would be able to upgrade the I-130 petition to the ¨immediate relative¨category. If your wife is present in the US at that time, she would be able to immediately file for adjustment of status (green card). Otherwise, you can also bring her over on a K-3 (spouse of US Citizen) nonimmigrant petition while the I-130 is pending.

If you obtained your permanent residence under the Cuban Adjustment Act (CU6 category), and your foreign, non-Cuban wife were physically present in the US for a year and a day, she would be able to file for adjustment status as a CU7 spouse under the Cuban Adjustment Act.

Please note, the above answer is for general informational purposes only. Please feel free to contact our firm should you be interested in scheduling a telephone, Skype or in-person consultation with me to discuss the specific details of your case. NEGRI, TORRES & FIGUEROA-CONTRERAS, PA, 2030 South Douglas Road, Suite 214, Miami, FL 33134, Tel. (305) 639-8599. Se habla español. Falamos português.

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