No, he will likely get the same 10 year GC you have now, because by the time the 2 year + wait will be over you will have been married for more than 2 years.
Hopefully husband was lawfully admitted to the US and can prove it. Makes no difference of he overstayed or is currently out of status (unless, of course ICE lays its hands on him in the meantime..)
Behar Intl. Counsel 619.234.5962 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.
Yes, there is a visa petition for a spouse of a permanent resident of the United States.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You may be able to apply for a visa for your spouse if there are no admissibility or other issues. If you go to the Visa Bulletin, you will see that you can sponsor him in category F2A. There is a wait for this visas, however. It will be easier for him to get his green card if you become a U.S. citizen first.
www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.
He would likely get a 10 year permanent resident card as well. However, I would suggest that you naturalize immediately, so long as you qualify. You can petition for him while you are naturalizing. You should check with an immigration lawyer to ensure you do this correctly from the outset. It is very frustrating to correct mistakes with USCIS, which has long wait time connected with any application. Feel free to call me at (201)875-2600. My office is nearby.
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