How can I bring my husband to US if I am a green card holder? 5 Answers as of February 22, 2011

How can I bring my husband to USA if I am a green card holder? In the same time I go to school full time I don't work. I have been in the USA legally for almost 5 years. I came over here by wining with American lottery for green card. My husband has never come over here. Thank you for your help.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you were married prior to winning the lottery your husband should have been included as a derivative. If married after the lottery or the lottery group you won with has expired, then you can file for his permanent residency anytime.

Yes you can petition for him but he will be in the FB-2a category which has a backlog of visas. As recently as last fall though this category was working on an August 2010 Priority Date (It is now back to January 2008) so definitely file an I-130 for him to get him in the queue and file for your own U.S. citizenship at the soonest date you are eligible (4 years and 9 months after your PR was granted assuming you meet the physical presence and other eligibility requirements).

You may also want to look at other nonimmigrant options while he is waiting in the queue. If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/22/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
You can apply for him now with the I-130. You will need someone to be his financial sponsor for the Affidavit of Support. You should apply now for US citizenship. By the time your application is processed, you will have completed the five years' residency requirement. When you become a citizen, your husband will be eligible for immediate immigration.
Answer Applies to: Washington
Replied: 2/3/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You should immediately file and I-130 petition on his behalf. Then, since you should immediately file for Naturalization once you are eligible. You can file 90 days before your 5 year anniversary of having your Green Card. Once you are a U.S. Citizen you can upgrade your husband's petition and he can be processed for an Immigrant Visa. Once he enters the U.S. as an immigrant he will receive his Green Card.
Answer Applies to: California
Replied: 2/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Petition him as your spouse. You will have to have financial ability to support him so that he would not be public charge in 10 years. Work with a lawyer to get over this obstacle.
Answer Applies to: Florida
Replied: 2/2/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Apply for your citizenship.
Answer Applies to: Florida
Replied: 2/2/2011
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