Immigration

Asked 9 months ago - Bronx, NY

Green card holder planning to petition his wife on June and the same time i will apply for my citizenship .My question is to petition her after i get the citizenship or i can petition her before ?what is faster ?

Attorney answers (4)

  1. Aneliya M. Angelova

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    Contributor Level 18

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    Answered . File the I130 now and then as soon as you get your citizenship, update the status of your petition. However, if your wife is here and out of status, I would recommend that you wait until you become a citizen, and file I130 and the adjustment of status package at the same time. Good luck!

    This answer is for informational purposes only and should not be construed as legal advice.
  2. Giacomo Jacques Behar

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    Contributor Level 20

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    Answered . Petition her at once, to establish a sooner "priority date" in case not everything does smooth with your application for naturalization, just as an 'insurance" policy.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  3. Dean P Murray

    Contributor Level 18

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    Answered . Your question calls for legal advice specific to your situation. You need a consultation with an immigration lawyer in order to obtain legal advice. There may be valid reasons for filing a petition now, and equally valid reasons for waiting until you acquire citizenship to file a petition for her. Good luck.

    *IMPORTANT: Do not rely on Attorney Murray's response as the information provided on this website is NOT legal... more
  4. Emily Reber-Mariniello

    Contributor Level 11

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    Answered . If the question is can a legal permanent resident upgrade their spouse's priority group when you adjust to citizen, then, yes, they can. Once a citizen, you will be able to take advantage of the immediate visa number, speeding up the process. You can file for the green card before naturalization and it might be a little bit faster this way. It would be a good idea to get a consultation before you file just in case there are any issues with your case.

    This is not legal advice and is only general information. I am not your attorney. No attorney-client relationship... more

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