Can I file for my husband if I only have a green card? 11 Answers as of January 17, 2011

When I get married to my fiance can I file for him with me only having a green card? I have lived here and went to school since I was 7 years old I am now 28. How long do you think it will take if I can file?

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
You can file, but it's going to take a few years before a visa is available. If you qualify for citizenship it would be better if you become a citizen so there would be a visa available immediately.
Answer Applies to: Florida
Replied: 1/17/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You may file the first stage which is an I-130 even though you only have a green card. This will give him a place in line only and not legal status to be in the U.S. The category he will be in is the Family Based 2A category. A new Bulletin comes out every month. You can monitor the progress of this category at:

http://travel.state.gov/visa/bulletin/bulletin_5212.html



Is your husband in the U.S.? Is he in status? Once his category is current then the second stage paperwork can be filed; if you become a citizen sooner, the case can be upgraded to immediate relative and the second stage can be filed immediately if he is eligible.
Answer Applies to: California
Replied: 1/6/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
You can apply for an immigrant visa for your husband after your marriage, but there are long waiting periods in this immigratio category and your husband would not be able to begin living in the US with you for a number of years. However, if you have had your green card for at least 5 years, you may be eligible to apply for naturalization, i.e. to become a US citizen. Once you have become a US citizen, there would be no waiting period for your future husband to get his green card. As always, there are a lot of details that an attorney would have to discuss with you concerning your options and the best strategy and timing. Therefore, please contact an immigration lawyer with your questions. I would certainly be happy to consult with you.
Answer Applies to: Florida
Replied: 1/6/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes you can. However the process would go alot quicker if you were a Citizen.
Answer Applies to: Florida
Replied: 1/5/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
As a legal permanent resident, you may file an I-130 Family Petition for your spouse, children under 21, and unmarried children over 21. However, the wait for the Visa availability depends on the country of origination. The Visa Bulletin on the State Department Website contains this information.

Another issue is whether or not your husband entered the U.S. through an admission, parole, or inspection. If he did not, then he may be eligible for consular processing or other forms of relief in the U.S. Please see an immigration attorney for clarification.
Answer Applies to: Texas
Replied: 1/5/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, but it could take years for your husband to receive a visa priority date, depending upon his country of origin, particularly if it's China, India or Mexico. By first becoming a naturalized citizen and then sponsoring your husband's application, you could greatly accelerate the process that would otherwise obtain if you were merely a "green card" holder.
    Answer Applies to: Virginia
    Replied: 1/5/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Yes, LPR is eligible to file for spouse. USCIS's website tells you how long it will take in any service center. Good luck!
    Answer Applies to: Florida
    Replied: 1/5/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    It takes at least 3 years now for a greencard holder to petition for their spouse according to the January 2011 visa bulletin. Who knows how those numbers will change in the coming months? Is there some reason you cannot apply for citizenship? It sounds like you've been here awhile. Obviously, once you are a citizen, the process is much quicker.
    Answer Applies to: Virginia
    Replied: 1/4/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    Yes you can petition your husband even though you are a legal permanent resident (Green Card). This will establish his priority date. However, he will not be able to apply for his Green Card until his priority date is current, which could take several years since you only a Green Card holder. The process could be spent up if you become a U.S. citizen.
    Answer Applies to: California
    Replied: 1/4/2011
    JCS Immigration & Visa Law Office
    JCS Immigration & Visa Law Office | Jack C. Sung
    Yes you can file for your husband's green card even if you are only a green card holder.
    Answer Applies to: California
    Replied: 1/4/2011
    Law Office of Indu Liladhar-Hathi
    Law Office of Indu Liladhar-Hathi | Indu Liladhar-Hathi
    Yes, you can file for your husband if you have a green card. Based on the current processing time, the application can take about two years.

    It appears that you qualify to apply for citizenship and we suggest that you seriously consider this. As a US Citizen, your spouse's application will be processed much faster and is not subject to visa availability.
    Answer Applies to: California
    Replied: 1/4/2011
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