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HOW DO I KNOW WHEN VISA NUMBER FOR LPR IS AVAILABLE?

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  • HOW DO I KNOW WHEN VISA NUMBER FOR LPR IS AVAILABLE?

    Hi,
    If an LPR wants to bring Spouse to US, the USCIS website says:

    If you are a lawful permanent resident and your petition for your spouse is approved, your spouse will be notified by the Department of State when a visa number becomes available. If your spouse is outside of the United States at the time of notification, he or she must then go to the local U.S. consulate to complete visa processing. If your spouse is inside the U.S. through a lawful admission or parole and is maintaining that status at the time of notification, he or she may file the Form I-485 when the visa number becomes available.

    Here are my questions:
    1.How can one tell when the visa number will become available, in trying to decide whether to file now or wait to become USC and then file as spouse of USC?

    2.Is there any advantage to filing early as LPR then upgrading application once onw becomes USC? Are there chances the processing for the LPR's spouse will be done before one becomes a USC?

  • #2
    Hi,
    If an LPR wants to bring Spouse to US, the USCIS website says:

    If you are a lawful permanent resident and your petition for your spouse is approved, your spouse will be notified by the Department of State when a visa number becomes available. If your spouse is outside of the United States at the time of notification, he or she must then go to the local U.S. consulate to complete visa processing. If your spouse is inside the U.S. through a lawful admission or parole and is maintaining that status at the time of notification, he or she may file the Form I-485 when the visa number becomes available.

    Here are my questions:
    1.How can one tell when the visa number will become available, in trying to decide whether to file now or wait to become USC and then file as spouse of USC?

    2.Is there any advantage to filing early as LPR then upgrading application once onw becomes USC? Are there chances the processing for the LPR's spouse will be done before one becomes a USC?

    Comment


    • #3
      1. Visa dates for spouse of an LPR have about a 4 year wait (except Mexico which is 7.) View the visa bulletin at : http://travel.state.gov/visa/frvi_bu...tober2004.html

      2. It is better to file while an LPR than to wait. When the spouse is outside the US, the petition has to be sent to the service center for both LPR and USC petitioner, and it is easy to update the category. Fees generally increase over time. Old cases are grandfathered-in if the laws change. If the LPR does not become a citizen, you have not wasted time and opportunity. In addition, if the spouse is in the US and is apprehended by DHS, a petition filed after the fact is less valid. One of the only times it is better to wait is if the LPR will soon be a USC (e.g., had naturalization interview and just waiting for oath) and the spouse is in the US. It is easier to file the one stop AOS than to file a separate I-130 and have to get it transferred from the service center.

      Comment


      • #4
        Old man,
        Thanks for the advice, I had given up, I thought everyone had ignored me.

        Other questions:

        1.if one applies when LPR then later say after 2 years they become LPR, do they send additional fees to upgrade the apprilcation to USC filing for spouse or do they just send a letter saying they have become USC?

        2.Does that filing automatically mean spouse in foreign country will get a K3/spousal visa or does one have to separately apply for this?

        3.Will the new application paperwork need to be sent in, or is the processing for the now USC with spouse in foreign country is done using all the old paperwork?

        I have about 1.5 years to be eligible to file for USC and am trying to determine whether I should file now and later upgrade or wait until I become USC, then do K1 to bring spouse here, and when spouse is here to file for AOS.

        Whats the best way in the circumstances?

        Comment


        • #5
          1. To upgrade the petition, send a photo copy of your naturalization certificate or US passport with a copy of the receipt/approval to the office maintaining the file.
          2. USC has to send an I-129F (to the special box in Chicago) for the spouse to get a K3.
          3. Besides proof of citizenship, you do not need any additional paperwork for your spouse.

          Comment


          • #6
            Old man,
            So if I have 1.5 years left to APPLY to become USC, would you advice that I wait to become USC to send in all the paperwork or go head now and send in now as LPR then later upgrade?

            In your view, which is more advantageous?

            Comment



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