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Question on GC for family members in US

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Hi,

I am a US PR and my husband is on H1B. We are thinking about filing for his GC for family members of PR who are in US. However, the process is confusing and lengthy.

- We married in Nov 2011 and were legally divorced prior to our marriage.

- Due to work requirements, we were living in different cities while travelling to each others location on a weekly basis. Technically, we have not maintained a common residence. How does that impact his application for PR?

- Incase we decide to file the petition on our own, do we have to attach a writeup or a petition to explain our situation OR only I-130 is sufficient?

- Is this process complicated enough to hire a lawyer?

- Will it be easier for me to get my citizenship and then apply for his PR to avoid complications?

Thoughts on the questions above will be much appreciated.

Thanks

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Filed: Timeline

Hi,

I am a US PR and my husband is on H1B. We are thinking about filing for his GC for family members of PR who are in US. However, the process is confusing and lengthy.

- We married in Nov 2011 and were legally divorced prior to our marriage.

- Due to work requirements, we were living in different cities while travelling to each others location on a weekly basis. Technically, we have not maintained a common residence. How does that impact his application for PR?

- Incase we decide to file the petition on our own, do we have to attach a writeup or a petition to explain our situation OR only I-130 is sufficient?

- Is this process complicated enough to hire a lawyer?

- Will it be easier for me to get my citizenship and then apply for his PR to avoid complications?

Thoughts on the questions above will be much appreciated.

Thanks

Generally spouses of U.S. citizens can seek immediate adjustment of status by filing I-130 and I-485. Spouses of LPRs are not entitled to immediate adjustment of status. Instead, spouses of LPRs can seek an immigrant visa, but there is a waiting period of several years. The spouse can adjust status only after an immigrant visa becomes available. There are certain exceptions, depending on how you obtained your LPR status and if he was eligible as a derivative from the immigrant visa you obtained.

You can still file a I-130 now, to obtain a "priority date" and get in line for an immigrant visa for him. If you are eligible to become naturalized, and you actually become naturalized, you can inform USCIS that you have become a citizen. At that time, he will be eligible to adjust status.

Every spouse applicant requires proof of bona fide marriage, which often takes the form of a common residence. You will have to think hard about whether you will be able to prove a bona fide relationship without it. The weekly trips back and forth certainly can help. A statement regarding why you don't live together could help, but you will need substantial other evidence of your marital relationship, including financial interdependence.

Your circumstances are somewhat more complicated than other posters to this forum, so a competent lawyer may be able to help you navigate the issues you face. Good luck!

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