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Sponsoring a Foreign National Spouse residing in India for Permanent Residency

San Diego, CA |


I am a permanent resident of the US. I am interested to sponsor my foreign national spouse who is residing in India for permanent residency. Could you please tell me how long will it take from sponsoring them to getting their green card? Will the case be filed in US or India from a faster approval standpoint? I will be applying for citizenship next year. Is it better for me to sponsor my spouse now as a permanent resident or should I wait to become a US citizen next year and then sponsor from a faster approval standpoint? Please advise.

Thank You

Attorney Answers 4


File the immigrant petition now to establish a priority date in the F2A category. It may take close to one year for USCIS approval, and if the priority date is current (or you become a U.S. citizen), the NVC/Consular processing will be completed within a few months.

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You must file the petition in the US, unless you are residing yourself in India. The F-2A category (Green card petitioner) is backlogged only to September 2013 for India, so I would recommend filing it as a green card holder no. for the quickest result.

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

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Estimated processing times are listed on There is no better conjecture.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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I think that you should file the I-130 now and you can always upgrade it once you become a citizen for faster processing.

This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio

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