Will my spouse be able to get a green card if I have my F3 visa? 3 Answers as of January 20, 2011

My brother petitioned for me). I was under 21 and single when I got my f4 green card visa. Now that I am married, will my spouse get his? How long will it take?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
I am a bit unclear on the facts. Sounds like one of your parents was the sibling of a petitioner and you were able to get PR as a derivative child under 21. Now that you are a PR you may get married but would have to file a new petition for your spouse and he would be in the FB-2a category. There may be options for a nonimmigrant status for him while awaiting this category to be current or you to become a U.S. citizen. I would suggest setting up a consultation and I can advise fees and procedures and discuss the options with you and him.
Answer Applies to: California
Replied: 1/20/2011
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
If you married before you get your visa, then yes your husband can apply as your dependent.
Answer Applies to: Oregon
Replied: 1/14/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
It is unclear if you got married before or after your received your Green Card. If you got married AFTER your received your Green Card, then you have to separately petition her as a Green Card holder. It will take 2 to 5 years depending on what country she is from. If you got married BEFORE your received your Green Card, then should be qualify as a derivative beneficiary of the petition filed for you by your brother. In which case it could take less than 6 months for her to immigrant to the U.S.
Answer Applies to: California
Replied: 1/14/2011
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