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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What is the best way to petition my husband?
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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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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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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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