When can I petition my spouse to come to the US? 9 Answers as of December 19, 2010

When can I file a petition for my husband in the Philippines? I m a greencard holder and we got married immediately after I received my greencard. Thank You So much.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
First, when do you become eligible to be a citizen? Second, you may petition for your husband, it will probably be approved for an I-130 petition for alien relative. When it is approved, he will be classified with a preference level 2A, applied to spouses of legal residents. That has had a waiting period of a few months, but will now be 3 years as of January. It may be reduced next in next month's visa bulletin, but we do not know. In the meantime, I would be looking at other alternatives. To discuss this further, you can e-mail or phone me to set up an in-person or phone consultation. Best to you.
Answer Applies to: California
Replied: 12/19/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
You can file right now and it will take about 1 year for your husband to receive the Green Card. If you are interested, call my number and we can discuss this case further.
Answer Applies to: California
Replied: 12/3/2010
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
You can do that now.
Answer Applies to: Florida
Replied: 12/3/2010
Law Offices of Daniel Richardson
Law Offices of Daniel Richardson | Daniel R. Richardson
Now that you are a green card holder, you can petition your husband at any time.

The waiting period for an available visa for your husband will be the main problem because the Philippines has such a demand for visas.

Nonetheless the waiting starts from the date of your petition so the sooner you file a petition the better. You can check the approximate waiting periods at the Department of State website where they are published every month and it is called the visa bulletin.
Answer Applies to: California
Replied: 12/3/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You can file a petition on behalf of your spouse right away. It will take some time before he is able to immigrate to the US, but it is currently taking relatively little time for this type of petition, so it could be within about 9-12 months that he could be here on the basis of this type of petition.

Please feel free to contact me directly with any additional questions or if you need assistance with this matter.
Answer Applies to: California
Replied: 12/2/2010
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    You can petition anytime but since you're not a U.S. citizen, it could take years.
    Answer Applies to: Virginia
    Replied: 12/2/2010
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    Start with filing a petition as soon as possible. You do not have to wait to be a citizen. The wait is pretty short right now. For example, a Filipino husband whose green card holder spouse filed a family petition on his behalf on or before August 1, 2010 is now ready to apply for a visa.
    Answer Applies to: California
    Replied: 12/2/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You should start the process right way. The wait for green card holder's spouse is longer than citizens. and there is risk for request for further evidence...even denial. You are advised to hire an attorney to help you with this case in order to prevent an expensive mistake.

    You are more than welcome to contact us for further assistance.
    Answer Applies to: Florida
    Replied: 12/2/2010
    Fletcher, Tilton & Whipple, PC
    Fletcher, Tilton & Whipple, PC | Kirk A. Carter
    As a green card holder/permanent resident, you can file a relative petition for your spouse at any time after your marriage. However, because you are not a US citizen, you will be subject to the preference based system which limits the number of visas that can be given out each year. The spouses of green card holders fall into the second preference category for which there is a waiting list. While there has historically been a 3 to 5 year wait in this category, as of December 2010 the waiting list is only 4 months long. How long this will remain is unclear as the cutoff dates and waiting lists change each month and sometimes change dramatically. However, I would recommend that you file for your husband and soon as possible.
    Answer Applies to: Massachusetts
    Replied: 12/2/2010
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