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I130 gc filling for spouse

Florida |

i came to usa with a work visa for one year , i get married with gc holder befor my visa expired and applyied for i130 in 05/09
when i checked the processing time it is comming soon to call me but my husband is still on green card he will apply for citizen in 02/11
so what is the case please i need help

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Attorney answers 2


Even though you got married and your lawful permanent resident husband filed an I-130 for you while you were still in status, this did not provide you with a lawful means to remain or work in the United States. Unless your husband is ineligible, he should apply for citizenship as soon as possible. He may file an application 90 days prior to the 5 year anniversary of obtaining his green card status.

Once he is naturalized you would then be able to file to adjust status as his immediate relative. Since you mentioned that he is eligible to naturalize in just 6 or 7 months (and that the processing on the I-130 is"coming soon") this seems to the better way to proceed.

Still, you would be best advised to speak with an immigration attorney to determine your best strategy after considering the particular details of your case.

Best of luck,

Peter J. Loughlin, Esq.
Goldman & Loughlin, PLLC
4100 Corporate Sq., Suite 163
Naples, FL 34104
Representing Clients in All 50 States

Note: The above answer is provided for informational use only and should not be construed as legal advice or legal opinion. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client


In a case where the husband will become a citizen, it may be best to wait for the naturalization before the foreign national applies to become a resident.

This attorney is Board Certified, speaks Spanish and French, and has an office in South Florida. For more information, click through to the Blog. If you want legal advice as opposed to general information, please schedule a consultation with my office. The reasonable cost of this consultation will be a great investment as you will have all of your particular questions answered.

Elizabeth R. Blandon

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