Can I start a green card petition for my husband while petitions for my parents are still under process since 2018?
Does the change in my marital status could be a problem since in my parent's petitions I applied as unmarried?
5 attorney answers
A US Citizen may start a green card petition for a spouse while petitions for parents are still under process since 2018.
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Yes that is possible despite previous filings.
This information is for informational and educational use only and does not establish an attorney-client relationship.
Yes you can have both petitions pending. The only concern is meeting the requirements for the Affidavit of Support. Everyone is correct that your parent’s petition should not be pending for 3+ years.
Cadesha Pearson-Edwards, Esq. has over 14 years of legal experience and more than 7 years of working in the field of immigration law. Her office is 100% focused on immigration law. She uses her comprehensive understanding of immigration law and history to counsel clients nation-wide, including providing free citizenship representation to the public. At Pearson Edwards Immigration Law Firm, you receive representation directly from Mrs. Edwards, not an assistant. Her response to your question is general in nature, as not all the facts are known to her. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mrs. Edwards' statement above does not create an attorney/client relationship.
You can certainly file multiple relative petitions for USCIS as long as they are qualified relatives. As the petitioner/sponsor, you will have to sign an Affidavit of Sponsor to ensure your relative does not become a public charge. You will have to factor in the previously sponsored immigrants (parents) to the total number of people in your household. For immediate relative cases, the entire process typically takes about 12-15 months, therefore, it's puzzling why your parents' cases are still pending. You should contact USCIS to check case status. Please note this information is not legal advice and intended for informational purpose only. This does not constitute attorney client relationship.
Please note this information is not legal advice and intended for informational purpose only. This does not constitute attorney client relationship.
Your new marital status does not affect the I-130s you filed for your parents. When you complete the I-864 affidavits of support, your household size will increase due to your new spouse. You didn't ask about this, but it is unusual for I-130 petitions for parents of a U.S. citizen to take two to three years to be decided. Have there been requests for evidence from the USCIS? Or are your I-130s already approved and you're waiting for the NVC to complete processing on the immigrant visa applications?