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Bronx, NY |
Filed under: Immigration Green cards

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. Best answer

    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. 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 not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. 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 advice nor is it a substitute for legal advice which requires a consultation with a lawyer. Attorney Murray's response does NOT create an attorney-client relationship. If you have any specific questions concerning a legal issue, you should consult a lawyer. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on a Q&A website such as Avvo. Attorney Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted on Avvo are intended as general information for the education of the public, and not for any specific individual. New Jersey residents: NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. The selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website:

  4. 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 is formed by this communication.

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