How long before a green card holder can file for their spouse? 7 Answers as of January 27, 2011

I am just a green card holder for approximately one year. How soon am I able to file for my husband?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You may file immediately to get a place in line but this is a preference category so there will be a wait. Were you married before you obtained your green card? If yes, spouse can file immediately as a derivative in many of the green card classifications. Need more facts.
Answer Applies to: California
Replied: 1/27/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You can file for your spouse now. However, it will take several years for your spouse to be eligible to apply for their Green Card since they would be in the Family Based 2A category. You can check the Visa Bulletin at the below link to determine how long. One way to speed up the process is to file the I-130 now, file for Naturalization as soon as eligible and then upgrade the petition once you become a U.S.

Also, if you were married BEFORE you were granted your Green Card you husband may be eligible for a Green Card as a derivative beneficiary. If which case, it could be a matter of months for him to get his Green Card.

Visa Bulletin
Answer Applies to: California
Replied: 1/20/2011
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
You can file for your spouse as soon as you get your green card. Usually for this type of application, your spouse has to wait for the visa number to be available before he can be approved for the green card. The earlier you file, the earlier he can get the green card.
Answer Applies to: Oregon
Replied: 1/20/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
You can file for him now, it's just that it will take a couple of years for him to get his green card. It's much quicker if your were a citizen.
Answer Applies to: Florida
Replied: 1/20/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
You can file an I-130 Petition for Alien Relative for your husband at any time. However, as long as you are "only" a green card holder, your petition will fall into a category (F2A) that has several years of backlog (see the Visa Bulletin at Once you have become a US citizen (you can apply 90 days prior to the 5th anniversary of your green card), your husband would be considered an "immediate relative" and there would be no more waiting periods. I recommend that you contact an immigration lawyer to discuss the process in more details.
Answer Applies to: Florida
Replied: 1/20/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You can file for your husband as soon as you become green card holder.
    Answer Applies to: Florida
    Replied: 1/19/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    You can file your spouse at any time, but there is a wait. Or you can wait until you are a citizen (5 years) and there will be no wait, aside from normal processing I mean. Again, I post the visa bulletin for February of 2011 so you can see the wait. Your category would be F2A.
    Answer Applies to: Virginia
    Replied: 1/19/2011
Click to View More Answers: