How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Judith Your Own Question

Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24451
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith is online now
A new question is answered every 9 seconds

Hi, I am almost a US citizen, I just need to take the oath

Resolved Question:

Hi, I am almost a US citizen, I just need to take the oath and it should happen in the next 4 weeks I hope. In any case, as soon as I become a US citizen I will apply for my wife's and daughter's residency and from I was told it will take about 12 months, at this moment they are in Peru.
My question is if there is another way to bring them to the US faster?? I have been reading the USCIS web site and it mentioned something about the visa K-3 and K-4. It says I can apply for their residency and at the same time they can apply for the visas K-3 and K-4 to come to the US faster and wait here for their residency.
Also, Can I apply for them and then move to Peru and wait there?? We have been apart for too long and we just want to be together. Thanks
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

Congratulations!

The good news is that it should not take that long now.

There is no wait for a priority date. The category for FB2A is current for the month of August so you should file the petition immediately to begin processing. It will take approximately 3 months for the petition approval and about another 3 months for the immigrant visa processing if your family has never been to the US.

The Dept of State is no longer processing the K3/4 visas because that is now taking longer than the CR1/IR1.

You can take a vacation to spend that time with your family but you cannot give up your residence in the US or you will not be eligible to file the Affidavit of Support for them.

The law requires that you maintain your domicile here in the US which means you keep your residence and all ties to the US.

But you should not delay filing the I-130 until you become a citizen. You should file one for your wife and one for your daughter immediately because the category for spouse of a permanent resident is the same as that of a citizen as of August 1st. Then after the swearing in you can notify the National Visa Center of your upgrade.

Judith

Customer: replied 1 year ago.

A couple of lawyer have told me that it takes about 12 months for I-130 and you are telling me that it takes 6 months which is good but I just want to make sure it will really take 6 months. My family is in Peru and they have to do a DS260 electrometrics (i think that is what it is called) and that is the reason it takes a bit longer.


Also, what is "FB2A" and "CR1/IR1"??

Expert:  Judith replied 1 year ago.

If you have not spoken with the lawyers within the past 2 weeks then the news has changed because the new visa numbers came out July 15th which show that the category for spouse of permanent resident (FA2A) is immediately available just as is the category of a spouse for a US citizen(CR1/IR1).

Everyone who is doing consular processing in their home country has to do the electronic DS-230. That is the immigrant visa application. Doing that does not mean it takes longer.

You should have filed the petitions for your wife and daughter sooner because if you had they could be having their interview in August!

So now you should not delay waiting until you are sworn in. File now. After you are sworn in you can let the Dept of State know you are a citizen.

Judith

 

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24451
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 3 other Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney
 
 
 

Related Immigration Law Questions