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I am a US citizen and my husband is a citizen of Peru. WE…

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I am a US...

I am a US citizen and my husband is a citizen of Peru. WE currently are living in Peru, about to have a baby, and are looking to return. My husband was in the US previously as a student. What are our options in returning to the US. Does my husband need to get another student visa? How can we get him a green card?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I don't understand the question.

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What type of information would be helpful? We were married in Utah last December We moved to Peru at the end of April this year when my husband finished his studies at the LDS Business College

Submitted: 11 months ago.Category: Immigration Law
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Answered in 1 minute by:
9/19/2017
Immigration Lawyer: Nisha Jones,
 replied 11 months ago
Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Immigration Lawyer: Nisha Jones,
 replied 11 months ago

Congratulations on your new addition!

Yes, you can sponsor your husband to receive his permanent residency/ green card, then he can later naturalize to a US citizen as well.

In order to petition for your husband's permanent residency you'll need to submit USCIS Form I-130.

The processing time for this petition ranges between 6-15 months, however you can also file a K3 visa petition to have him join you here in the US while awaiting approval of the I-130.

Here is a link to USCIS with the forms and instructions:
https://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 11 months ago
Ok, thank you.
Immigration Lawyer: Nisha Jones,
 replied 11 months ago

Congratulations on your new addition!

Yes, you can sponsor your husband to receive his permanent residency/ green card, then he can later naturalize to a US citizen as well.

In order to petition for your husband's permanent residency you'll need to submit USCIS Form I-130.

The processing time for this petition ranges between 6-15 months, however you can also file a K3 visa petition to have him join you here in the US while awaiting approval of the I-130.

Here is a link to USCIS with the forms and instructions:
https://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 11 months ago
Do we need to be in the US when filing the petition?
Immigration Lawyer: Nisha Jones,
 replied 11 months ago

You don't need to be in the US when you file, but you will also need to establish that you do maintain US residency and will intend to reside in the US with your husband.

I understand you've been living in Peru, but there are some other way for establishing US residency for immigration purposes.

These include maintaining a permanent address in the US, whether this is at a home or property you own, and/ or maintaining US bank accounts, checking or saving.

I hope that helps! Let me know if you still have any questions!

Please remember to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Immigration Lawyer: Nisha Jones,
 replied 10 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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