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My husband and I got married recently, he is going to file…

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My husband and I got...
My husband and I got married recently, he is going to file for his us citienship can he file for me and my daughters one time what is the proceedure. Does he have to file for himself fist for us citizenship then file for me?
Submitted: 8 years ago.Category: Immigration Law
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Answered in 34 minutes by:
6/27/2010
Immigration Lawyer: Wilton A. Person, Immigration Lawyer replied 8 years ago
Wilton A. Person
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4,147
Experience: Knowledgeable and experienced immigration lawyer.
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-Could you explain your situation a little more?

 

How old are your daughters?

 

What is your current status in the US? Are you holding a visa?

 

How did you initially enter the US? Did you enter with a visa?

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Customer reply replied 8 years ago

i have a visa yes, my children are 18 and 15 when we got mqrried they were 17 and 15. my husband is a perminent resident but wntsw me to come live with him now how do we go about this.

Immigration Lawyer: Wilton A. Person, Immigration Lawyer replied 8 years ago

Thank you for your response. When will your husband be eligible to apply for citizenship? What type of visa do you have and when does it expire?

 

Do you have a tourist visa? Are your children under a tourist visa as well?

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Customer reply replied 8 years ago
yes my husband will be elligiable for citizenship. I have a visitors visa it expires in 2017, my kids have one too it expires next year may.
Immigration Lawyer: Wilton A. Person, Immigration Lawyer replied 8 years ago

Your husband could file for both you and your daughters, but he would need to file separate I-130 applications. It would probably be best if he applies for his citizenship first because you and you daughter's immigrant visas would be immediately available as immediate relatives of a US citizen. If your husband applied as a lawful permanent resident, you would need to wait at least two years or more to obtain your immigrant visa.

 

The good news is that your children could obtain lawful permanent resident status based upon your U.S. husband's petition because the marriage that created their step-father/step-daughter relationships was created prior to both of your daughters turning 18.

 

The procedure is fairly simple once your husband obtains his U.S. citizenship.

 

1) You husband would file three I-130 petitions for you and your two daughters.

2) Once the petitions are approved, The National Visa Center will forward the approved petitions to the US consulate in your home country.

3) You and your daughters would proceed through consular processing

be interviewed, complete medical exams, complete Department of State forms.

Your husband would complete the I-864 affidavit of support.

4) If approved for immediate relative petitions, the US consulate will enter the US with a sealed approval letter from the Consulate.

 

In the alternative, you husband could apply for a K-3, called the spousal visa. It is a non-immigrant visa which would require that your husband also complete USCIS form I-129, Petition for Alien Visa along with the I-130. The K-3 was designed to eliminate long delays associated with immigrant visa processing. Your children would need to be included on the I-129F and would be granted a K-4 dependent visa.It would be unnecessary for your husband to file the I-130 petition for your children until they adjust status in the US. If you and your daughters enter the US on K visas, you and your daughters would be required to adjust status to permanent residents within two years of being in the US.

 

Since February of this year, the National Visa Center has been converting K-3 visa applications to immediate relative visa applications if the I-130 and the I-129 are received at the same time. This seems to indicate that the K-3 is being phased out because US consulates have become efficient with processing immediate relative petitions.

 

The botXXXXX XXXXXne is that the immediate relative petitions would probably be the best option because you and your daughters would enter the US as lawful permanent residents and avoid the additional fees, time, and costs associated with adjusting status in the US.

 

The USCIS forms are found at the USCIS website at uscis.gov under forms.

 



Edited by Wilton A. Person on 6/27/2010 at 2:22 PM EST
Wilton A. Person
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4,147
Experience: Knowledgeable and experienced immigration lawyer.
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Customer reply replied 8 years ago
i would like to know if i can be in the us with my husband while he files for his citizenship. what type of approval would i need. i have a visita visa.
Immigration Lawyer: Wilton A. Person, Immigration Lawyer replied 8 years ago

There is not a visa available that would allow you to remain in the US while your husband applies for citizenship. You could travel to the US on your visitor visa as long as the US Customs Border Patrol does not believe that you have the intent to immigrate.

With a spouse in the US, US Customs and Border Patrol may interpret that you plan to immigrate. Many people mistakenly believe that a visitor visa allows a person to enter and leave the US at will, but a US Customs and Border officer has the authority to revoke your visitor visa if he or she believes that you plan to remain in the US each and every time you enter the US.

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