Should I wait until citizenship to sponsor my husband? 8 Answers as of January 16, 2011

I am living in the USA for 5 years and applying for citizenship but I am planning to sponsor my husband to the USA on a green card to reduce immigration time. Which is the faster way, to sponsor right now or should I wait for citizenship?

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

Free Case Evaluation by a Local Lawyer: Click here
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
You can start with the petition process right now, but there will be a visa available after you become a United States citizen.
Answer Applies to: Florida
Replied: 1/16/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
If you want to save waiting for three years or more to get permission for your husband to file for adjustment of status, after your initial petition is accepted, apply for citizenship first. However, while you are waiting for your citizenship application to process, you are able to petition for your husband, and after it is approved, then once you have citizenship, you can file the requisite notice to process your husband's application for adjustment of status as a U.S. citizen's spouse, which is not subject to the priority system that would delay his ability to apply for adjustment of status. If you want to discuss how I may be of help to you and your husband, contact me for a phone or in-person consultation.
Answer Applies to: California
Replied: 1/10/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If your husband is overseas and you are just a permanent resident I would definitely recommend filing the I-130 now as it takes about 6 months to adjudicate and you want to get this started as soon as possible. Once you become a citizen the application can be upgraded from FB-2a to immediate relative.

If he is in the U.S. I would need to assess his situation to determine which is best especially if he is out of status.
Answer Applies to: California
Replied: 12/28/2010
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
The general processing times for I-130 petition are approximately 180 days and spouses of green card holders have additional waiting times before they can apply for permanent residence based on an approved I-130 petition. This additional waiting time falls away, once you are a US citizen. If your husband should be in the US at that time pursuant to lawful admission and after inspection, then you could submit the I-130 petition together with the I-485 application package and you could live together in the US while USCIS is processing your application. If that is not possible then you would indeed gain something by filing your I-130 petition now and later "upgrade" its basis to US citizen spouse (=immediate relative) and immediately process his immigrant visa application at a US consulate. The details are always complex and so I would recommend that you contact an immigration lawyer to advise you on the best strategy.
Answer Applies to: Florida
Replied: 12/28/2010
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Sponsor your husband after you become a citizen.
Answer Applies to: Virginia
Replied: 12/27/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You can apply now as LPR and later upgrade to citizen. However, sounds like you will soon become US citizen, the difference will not be too huge. So the answer should be: either way should do. Good luck!
    Answer Applies to: Florida
    Replied: 12/27/2010
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    If you have your green card for 5 years, you should file for naturalization. You can start the process for your husband by filing a family petition now, then upgrade it once you have become a US citizen. Or you can wait to be a citizen, then file for your husband. Your husband should be in the US in about one year.

    If you simply file for your husband without being an American citizen, the wait may be 2 to 5 years depending on his country of origin.
    Answer Applies to: California
    Replied: 12/27/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    Sponsoring a spouse for legal permanent residence (a "Green Card") has two parts, filing a petition for them, and then their filling for an immigrant visa (if outside the US) or adjustment of status (if in the US). It is faster to start the process right now while you are legal permanent resident by filing the petition. Once you become a U.S. Citizen the petition can be upgraded and the process sped up so that he can apply for his Green Card.
    Answer Applies to: California
    Replied: 12/27/2010
Click to View More Answers: