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  • greencard processing time

    HI,
    I am currently residing in the U.S on H-1 visa. My spouse applied for my greencard last year. I got the approval notice in Nov 2005. He got his GC in September 2003.
    I believe he can apply for citizenship end of yr 2007 or begining of 2008.
    My H-1 will expire in Dec 2008. Will I be able to extend it through my company even though I applied greencard through my spouse? My concern is will I be able to stay in the U.S beyond Dec 2008 since my greencard is being processed. By that time I will have waited 3 yrs. Will I get my visa number by that time or not. I know I can get an F1 visa after my H-1 expires but I don't know what the circumstances will be.
    My husband is a consultant and he gets only contract job so he does not stay in one place. And because of my immigrant status I cannot move either!
    It does not seem fair that an H1 visa holder can bring their spouse and stay together. I know it is a non-immigrant visa. I don't even need a work permit just a legal status like a V visa holder. Can I apply for V-visa?

    I sincerely hope someone can advise on this issue.

  • #2
    HI,
    I am currently residing in the U.S on H-1 visa. My spouse applied for my greencard last year. I got the approval notice in Nov 2005. He got his GC in September 2003.
    I believe he can apply for citizenship end of yr 2007 or begining of 2008.
    My H-1 will expire in Dec 2008. Will I be able to extend it through my company even though I applied greencard through my spouse? My concern is will I be able to stay in the U.S beyond Dec 2008 since my greencard is being processed. By that time I will have waited 3 yrs. Will I get my visa number by that time or not. I know I can get an F1 visa after my H-1 expires but I don't know what the circumstances will be.
    My husband is a consultant and he gets only contract job so he does not stay in one place. And because of my immigrant status I cannot move either!
    It does not seem fair that an H1 visa holder can bring their spouse and stay together. I know it is a non-immigrant visa. I don't even need a work permit just a legal status like a V visa holder. Can I apply for V-visa?

    I sincerely hope someone can advise on this issue.

    Comment


    • #3
      One of the conditions for V visa is that I-130 was filed on or before December 2000.

      You may have more options than others.

      Would your company consider sponsoring you for GC?

      Have you checked the time it takes to naturalize in the area where your husband will apply?
      It is likely that he can become US citizen before Dec 2008. Once he is citizen and he upgrades the petition, visa number will immediately be availabe to you as a apouse of USC. At that point, you can file for adjustment of status to permanent resident (+ for employment authorisation document) and stay legaly in the US even beyond Dec 2008.

      Anyway, 2008 is far away. Things may change. Learn your options and keep an eye on how things are developing (visa numbers available, naturalization time..) in the meantime.

      Comment


      • #4
        I got a question, When I become a RESIDENT in my country not In the USA, How should I petition for my husband for a faster process. Do it in the USA or in my home country? please advice
        LIZLERMA

        Comment


        • #5
          Chetif - what do you mean by " when I becom a resident in my country".. resident of that country? resident of USA?

          Comment


          • #6
            What I meant was, I live in my home country, soon I will be receiving my residency thru my mother who is a USC, So my question is when should be the best time to petition for my future husband, since we are marrying after I get my residency.
            LIZLERMA

            Comment


            • #7
              It seams to me that you'll receive immigrant visa. Once you enter the US with that visa, you'll become a permanent resident.

              You can petition for your husband as soon as you become resident.
              But - if I remember corectly - if one gets visa as unmarried daughter/son, he/she should enter the US and become resident while still single.
              That would mean that you first have to move to the US and then (return to your country and)get married.

              After you petition for your husband, some 4 - 6 years will pass before he'll be able to join you in the US.

              And - open your own thread (with all relevant details) so you get more responses.

              Comment

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