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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29028
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hi, I am almost a US citizen, I just need to take the oath

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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

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


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.


Customer: replied 4 years 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"??

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.



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