How does a green card holder apply F2A visa for wife or should wait for US citizenship? 6 Answers as of July 23, 2013

My husband is a green card holder. If he applies for the f2A to petition me as the spouse, how long will be the waiting time? I understand that the f2A visa now is current for the month of August 2013. What does it mean? How long before I will be granted the green card permit? Is it better to just wait for his US citizenship to petition me?

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The Islas Muñoz Law Firm, PLLC
The Islas Muñoz Law Firm, PLLC | Pamela Genghiní Muñoz
The f2a visa is a non-immigrant visa, so if your intention is to immigrate to the US then your husband can petition for you as a resident but it's faster once he's a citizen.
Answer Applies to: Texas
Replied: 7/23/2013
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
It is current that the F2a category will be current and therefore whether your husband becomes a citizen should not affect the waiting time. However, you must be clear as to whether you are eligible to adjust status. The manner you entered the U.S. and/or whether you were a beneficiary of a previously filed petition are questions that should be addressed to an attorney before filing.
Answer Applies to: California
Replied: 7/23/2013
Law Office of Adebola Asekun | Adebola O. Asekun
You should file the petition right away instead of waiting till your spouse becomes a US citizen. Under current visa bulletin Aug. 2013, visas are current in the F2A category.
Answer Applies to: New York
Replied: 7/22/2013
Chavarro & Gorinshteyn, LLC
Chavarro & Gorinshteyn, LLC | Olesia Gorinshteyn
Yes, your husband can file a petition on your behalf but waiting time depends on USCIS processing times as well as Department of State Visa Bulletin. You are right about F2A being current for August 2013. It means that everybody who has an approved relative petition may apply for green cards right away without waiting in line for their priority date because this date is current for everybody. It is important to know your current immigration status in the U.S. If you are out of status, wait until your husband becomes a U.S. citizen before filing for anything. In order to obtain more precise information it is strongly recommended to seek formal advice from an immigration attorney who can guide you through your situation.
Answer Applies to: Georgia
Replied: 7/22/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Processing times will be the same if you are in the US but you must be in lawful status at the time you apply as a spouse of a green card holder. You do not have to have legal status if you apply as a spouse of a US citizen as long as you entered the country lawfully. It takes about 3 to 4 months.
Answer Applies to: California
Replied: 7/22/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Your husband can file for you. The F2A category will be current next month, which essentially means there is no backlog for visas. Usually, a person wait 2-3 years for a visa to be available. However, this does not mean you will need to wait a similar time as the visas will likely be used quickly resulting in a backlog again.
    Answer Applies to: New York
    Replied: 7/22/2013
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