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What is the best way to petition my husband?

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  • What is the best way to petition my husband?

    Hello, I am a US legal permanent resident since 1998. I went back to my home country the same year and got married and stayed there for quite sometime. If I file a I-130 for my husband I believe the waiting period nowadays is about five years or shall I wait till I become USCIT which would be in about three years from now before I file the petition? Is it possible for a person under petition to come to the US if he has a multiple entry visitors visa? I've heard about 3/10 year ban ruling? Could anybody enlighten me, all I wish is family unity here in US.

  • #2
    Hello, I am a US legal permanent resident since 1998. I went back to my home country the same year and got married and stayed there for quite sometime. If I file a I-130 for my husband I believe the waiting period nowadays is about five years or shall I wait till I become USCIT which would be in about three years from now before I file the petition? Is it possible for a person under petition to come to the US if he has a multiple entry visitors visa? I've heard about 3/10 year ban ruling? Could anybody enlighten me, all I wish is family unity here in US.

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    • #3
      if you are a permanent resident and was married after you got your card, you have to wait to be a citizen before you can petition your husband (according to my lawyer)

      also, there are some cases where if one has a pending petition filed against his name and he enters the US as a visitor (this part gets shady as a lot of people told me this can happen), INS will likely treat him as an intending immigrant and can bar him from entering, thereby granting him the 3 year ban.

      I suggest you seek a lawyer, usually the first consultation is free. I highly suggest to research their names first and check their certifications with the ABA. Make an appointment, if you feel you do not like them, seek another one. That's how I found my lawyer, and I tell you, it was worth all the weeks that I spent researching and talking to different lawyers. It is not cheap to get a lawyer, but with issues with immigration, I highly recommend it.

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      • #4
        Thank you Mischa, your reply is very much appreciated.

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        • #5
          Congratulations for your wedding!

          Just file for I-130 right NOW. Then as you wait for the priority date, find for him an available jod that would petition. Else, when you natulize just get him as immediate relative...

          More power!

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          • #6
            You don't have to be a US citizen to petition your wife. The problem is that you have to wait 3 years after you file the i130 before you can ask for a v visa to bring your spouse here while the 130 is processing. Thats a long time. A US citizen can petition with a k3 and have their spouse her in a matter of months to live with them while they wait.

            If you have been an LPR for 4 years, you may want to go ahead and petition now, but re-do the petition when you become a citizen for the faster visa.

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