1. However long it takes for her to become a US citizen, or for your priority date to become current.
2. She can petition you before she is a citizen, but you cannot file for adjustment of status at that time.
3. She can apply when she meets all the requirements.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
1. It would be quicker if she was a US Citizen. As a spouse of a Legal Permanent Resident you can file the I-130 and then wait until your priority date becomes current before you can file for adjustment of status. You can find the visa bulletin at http://travel.state.gov/visa/bulletin/bulletin_1360.html category F2A. They are currently processing cases from 2009. You might still want to file for an H-1B, if you have the opportunity, just in case she does not become a Citizen right away.
2. That is something you need to decide. But you do not get work authorization when applying while she is a resident.
3. Three months before her 5th year anniversary. That is assuming she otherwise qualifies.
You should hire an attorney to handle these cases for you.
If she files an immediate relative petition (I-130) on behalf of you before she becomes a U.S. Citizen you must maintain your legal status. If you are out of status and she is still a permanent resident by the time of your priority date you may not be able to adjust. She should file her naturalization application as soon as she becomes eligible.
I agree with my colleagues.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney
Board Certified Immigration Attorney
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. 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. Mr. Shusterman's statement above does not create an attorney/client relationship.
The process would be quicker if she was a U.S. citizen. She should naturalize as soon as she becomes eligible and petition for you, assuming you are married by then.
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