What can I do if my husband was not approved status? 7 Answers as of January 20, 2011

I am applying for my citizenship but my husband have not been approve status in the country I want to know if I put his information on the form I am applying for my citizenship can he be approve for status or do I need to wait after becoming a citizen before apply for him. I came and my husband have been married for years.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Is your husband in the U.S.? Did he come with a visa and overstay or did he come to the U.S. without documentation? Does he have a criminal record? Was he ever deported (removed) from the U.S.? Has he returned home since he came to the U.S. and remained without status? Was he stopped at the border prior to successfully entering the U.S.?

You can file an I-130 now but the second part of the process cannot be completed until you are a U.S. citizen or there is a current Priority Date in the FB-2a category (spouse of permanent resident). The answers to the above questions will help me advise you how to proceed. Please contact my office to schedule a consultation and to discuss fees and procedures.
Answer Applies to: California
Replied: 1/20/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
You need to apply for him after becoming a citizen.
Answer Applies to: Florida
Replied: 1/17/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You can do both.
Answer Applies to: Florida
Replied: 1/15/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
First, you can petition your husband now if you are Legal Permanent Resident and upgrade his petition when you become a U.S. Citizen. Second, you must disclose you are married on your N-400 application. Third, whether your husband can adjust his status (obtain his Green Card in the US) or must consular process (obtain and Immigrant Visa and they return to the US) depends on how he entered the U.S. and/or whether he is protected on Section 245(i) of the Immigration law. You should speak to an attorney to determine if he can adjust his status or not.
Answer Applies to: California
Replied: 1/14/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
It may be beneficial to wait until you become a citizen before applying for his residence due to the length of time it would take if you applied now.
Answer Applies to: Florida
Replied: 1/14/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Wait until you become a citizen before sponsoring him for lawful permanent residency.
    Answer Applies to: Virginia
    Replied: 1/13/2011
    Theresa E. Tilton, Attorney at Law
    Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
    Your citizenship application is separate from the application for your husband to immigrate.

    As a US legal resident, you may apply for your spouse to immigrate. There are only a limited number of visas available each year to spouses of US legal residents. The waiting list may be years long.

    When you become a US citizen, your spouse is immediately eligible for a visa. You still have to file an I-130 for him to get an immigration visa.

    If filed an I-130 for your spouse while you were still a US legal resident, and you are waiting for a visa to become available, then inform the Visa Center as soon as you get US citizenship. Your citizenship changes his status. He can be immediately approved for immigration.
    Answer Applies to: Washington
    Replied: 1/13/2011
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