I will be applying for my US citizenship next month. My wife currently has a h1-b visa/working visa, how do I petition her?

Asked over 3 years ago - Chicago, IL

Can i petition her at the same time or do I need to become a citizen before I can petition her for her greencard??

Attorney answers (2)

  1. Scott D. Pollock

    Contributor Level 17


    Lawyer agrees

    Answered . I agree that under these facts, it will probably be best to become a citizen, then file a one-stop I-130/I-485 adjustment of status packet with USCIS. It currently takes about 4-6 months after filing an N-400 naturalization application to be interviewed, sometimes less. Once the applicant is sworn in as a citizen, his wife can apply for lawful permanent resident status. It is important to review all the requirements for naturalization and admission as a resident before filing anything with USCIS.

    Scott D. Pollock
    Scott D. Pollock & Associates, P.C.
    105 W. Madison, Suite 2200
    Chicago, IL 60602
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    e-mail: spollock@lawfirm1.com
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  2. Andre R. Olivie

    Contributor Level 18

    Answered . You can petition her as an LPR, but she is not entitled to a visa immdiately as she woudl be if you were a U.S. Citizen. If she is here on the H-1B, might as well just wait untill you are a U.S. Citizen and then petition for her. At that time she will be able to get apply for her greencard at the same time that you petition for her, which is not the case when you are ony an LPR.

    Andre Olivie, Esq.
    206 724-1940

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