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married overseas, GC holder

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Filed: Citizen (apr) Country: Romania
Timeline

I am asking this question on behalf of a friend who needs some help.

He has been a green card holder since 2004 and in 2006 he married a romanian woman. In January 2007 he sent in the I130 application for his spouse. In May 2009 he received the notice that I130 was approved and in 90 days his wife will receive the approval notice back home in Romania.

In the mean time they had a kid together who is now 1 year old, so his question is:

-What can he do to bring the kid to the states too, along with his wife? Does he need to file e brand new I130 for him separately or is there another way?

-Because in about a month or so, the applicant will receive the citizenship, would that speed up the process of bringing them here at all?

-How long, aproximately will it take untill he has his wife and kid with him in US?

Thanks so much for your imput

Edited by ziia

New Citizen of the United States and Proud of it!

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Filed: K-1 Visa Country: Ukraine
Timeline
I am asking this question on behalf of a friend who needs some help.

He has been a green card holder since 2004 and in 2006 he married a romanian woman. In January 2007 he sent in the I130 application for his spouse. In May 2009 he received the notice that I130 was approved and in 90 days his wife will receive the approval notice back home in Romania.

In the mean time they had a kid together who is now 1 year old, so his question is:

-What can he do to bring the kid to the states too, along with his wife? Does he need to file e brand new I130 for him separately or is there another way?

-Because in about a month or so, the applicant will receive the citizenship, would that speed up the process of bringing them here at all?

-How long, aproximately will it take untill he has his wife and kid with him in US?

Thanks so much for your imput

Somebody correct me if I am wrong, but I believe that the wife cannot come to the USA until the I-485 gets approved ... and that one will take at least FIVE years (the State Department shows that they are currently approving petitions from JAN-2005). A permanent resident has to wait a lot longer than a citizen.

Therefore, "your friend" should wait until he becomes a citizen and then change the status of the application to get a CR1 visa for his wife and child.

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Filed: Citizen (apr) Country: Canada
Timeline

The I-485 is not filed until the beneficiary is already in the US. If your friend's wife is still overseas then you will need to file the I-130 for the child and the wife.

your friend can file the I-130 for each and then upgrade the petition when your friend becomes a citizen. Since the I-130 has already been approved for the wife, the I-130 will need to be done for the son. That is, if an I-129F for a K-3 was not filed as well.

Good luck.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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The I-485 is not filed until the beneficiary is already in the US. If your friend's wife is still overseas then you will need to file the I-130 for the child and the wife.

your friend can file the I-130 for each and then upgrade the petition when your friend becomes a citizen. Since the I-130 has already been approved for the wife, the I-130 will need to be done for the son. That is, if an I-129F for a K-3 was not filed as well.

Good luck.

As far as I know, LPRs can only do I-130 (CR-1/IR-1) but NOT K-3 or K-1 so no need to even mention those, right?

ROC 2009
Naturalization 2010

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Filed: Citizen (apr) Country: Canada
Timeline

I stand corrected. Thanks for letting me know

Edited by canadian_wife

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Citizen (apr) Country: Romania
Timeline

Thank you for the responses. Would the processing time for I130 speed up for the kid once the petitioner becomes a citizen, even if he originaly petitioned for his family while beeing a GC holder? Would it take a bunch of years for his kid to be approved or would it be a much shorter period of time?

New Citizen of the United States and Proud of it!

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Filed: K-1 Visa Country: Vietnam
Timeline
Thank you for the responses. Would the processing time for I130 speed up for the kid once the petitioner becomes a citizen, even if he originaly petitioned for his family while beeing a GC holder? Would it take a bunch of years for his kid to be approved or would it be a much shorter period of time?

Currently, his wife and child are family 2nd preference, which is taking about 5 years. This will be reduced to less than a year (probably) once he becomes a citizen and upgrades the petitions to immediate relative (IR).

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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