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jello10

What is the best way to file for a spouse working in the USA

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My situation is I am a permanent resident since May 2012, I am recently got married to my spouse in February 2013 here in the US we have a 6 years old child together. He currently works in the US legally but he is only here for 8 months. I want to know how best to file for him and if it is wise for him to remain in the US while I start his filing process. Or is there anyway to apply for a particular visa for him to remain in the US, he has been travelling to and fro for the past 7 years. Please assist.

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He can stay in the US as long as his visa would allow. Beyond that he has to go back to the Philippines.

You can file i-130 for him now. He will be under the F2A category (Spouse and unmarried child below 21 of LPR). Waiting time is 2 and a half YEARS. Your child will be included as his derivative in this petition.

Spouses and children of LPRs cannot adjust status in the US. If your spouse overstays (stays beyond the limit of his visa), he will incur a ban.



If your child is already in the US with a green card, only your spouse will be in the F2A category.

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If you are a USC you should search the forum to get information on adjustment of status for him in the US as long as he did not come in with the intent to stay. That is seen as fraudulent.


Petitioner LPR upgraded to USC June 22, 2012
August 22, 2012: case complete
October 18, 2012: Interview (APPROVED)
October 26, 2012: Picked up visa from DHL (delay caused by Sandy)
December 15, 2012: POE Atlanta....................became USC July 2016!!!!

Mothers' Journey (My sister is the petitioner)

September 10, 2013: Sent I-130 (UPS next day service)

September 12, 2013: Received text to confirm delivery

September 16, 2013: Received NOA 1

March 22, 2014: Received NOA 2

April 8, 2014: File Received by NVC

May 26, 2015: Interview (approved)..........now LPR (delays caused by 2 RFE)

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If you are a USC you should search the forum to get information on adjustment of status for him in the US as long as he did not come in with the intent to stay. That is seen as fraudulent.

she is a permannet resident and the overstay isnt forgiven. She can only file the Form I-130 since a visa isnt readily available.

My situation is I am a permanent resident since May 2012, I am recently got married to my spouse in February 2013 here in the US we have a 6 years old child together. He currently works in the US legally but he is only here for 8 months. I want to know how best to file for him and if it is wise for him to remain in the US while I start his filing process. Or is there anyway to apply for a particular visa for him to remain in the US, he has been travelling to and fro for the past 7 years. Please assist.

there is Nothing you can do he may try to extend his visa

she is a permannet resident and the overstay isnt forgiven. She can only file the Form I-130 since a visa isnt readily available.

there is Nothing you can do he may try to extend his visa/employment


Current cut off date F2A - Aug 22, 2016

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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