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Shaonli Newbie

Shaonli   0

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My husband was outside of USA for last 1.5 years but he is a permanent resident. Now he is in USA, we are married for more than 3 years now . As he was not in USA and was almost unemployed for most of the time. But now he has got a good stable job. Can he apply for me now? If he takes a statement from his office as this is more than 30k yearly. Or we have to wait another year for his tax file to show this amount of money? Please, give me your honest suggestion, your suggestions will be valuable to me.  Thanks in advance

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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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Your husband is not a US citizen? Which country are you from?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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14 minutes ago, Shaonli said:

My husband was outside of USA for last 1.5 years but he is a permanent resident. Now he is in USA, we are married for more than 3 years now . As he was not in USA and was almost unemployed for most of the time. But now he has got a good stable job. Can he apply for me now? If he takes a statement from his office as this is more than 30k yearly. Or we have to wait another year for his tax file to show this amount of money? Please, give me your honest suggestion, your suggestions will be valuable to me.  Thanks in advance

Your husband can file now.   It will take about 2.5 to 3 years for you to get an immigration visa.  

Your husband's financials does not matter right now.  The NVC will ask for his financials in about 2.5 to 3 years when you become eligible for an immigration visa.

There is no reason for you to wait.

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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1) This would be an F2A case, not IR-1. IR-1 is with a USC petitioner.

2) He was quite lucky to be admitted back into the US if he was away for 1.5 years...it's playing with fire to be abroad for 1 year or longer.

3) He can apply for you at any time. ETA: ~2.5 years from filing to interview. The I-864 to show he can support you won't come into play for about 2 years.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Shaonli Newbie

Shaonli   0

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4 minutes ago, geowrian said:

1) This would be an F2A case, not IR-1. IR-1 is with a USC petitioner.

2) He was quite lucky to be admitted back into the US if he was away for 1.5 years...it's playing with fire to be abroad for 1 year or longer.

3) He can apply for you at any time. ETA: ~2.5 years from filing to interview. The I-864 to show he can support you won't come into play for about 2 years.

Why this would be F2a visa? Can you please make me clear?

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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11 minutes ago, Shaonli said:

Why this would be F2a visa? Can you please make me clear?

"He is a permanent resident."

IR-1 (Immediate Relative category 1) is for the spouse of a US citizen.

F2A is for the spouse of a permanent resident.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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41 minutes ago, Shaonli said:

Why this would be F2a visa? Can you please make me clear?

It's an F2a family preference category case because your husband, the petitioner, is a permanent resident (green card holder).

 

IR-1 is for the spouse of a US citizen petitioner.  You are not the spouse of a US citizen, so you do not qualify for an IR-1.

Edited by aaron2020
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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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~~moved to bringing family members of LPR to the USA from IR1/CR1 process and procedures ~~

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted
2 hours ago, Shaonli said:

Can anyone of you please provide me the details of f2a visa procedure?

https://www.visajourney.com/content/i130guide1

 

Same procedure as an IR-1.  The only exception is that you have to wait 2.5 to 3 years for a visa in the F2a category.

 

 

2 hours ago, Shaonli said:

Won't applying now since his tax return for the past 2 years is nothing...as he was  unemployed effect it?

 

Tax returns will matter in 2021.  You don't need any tax returns now.  Your husband does not need tax returns to file the I-130 right now.

 

2 hours ago, Shaonli said:

 As their is minimal of 20k gross income to sponsor spouse? 

Google I-864p.  

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SusieQQQ Grand Master

SusieQQQ   11,584

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Filed: Citizen (apr) Timeline
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3 hours ago, Shaonli said:

Thank you so much for the reply. Will it be wise enough to apply for his passport first and then after he gets his passport then apply for me?? Plz suggest 

Probably not, because even if he can apply for naturalization now it’s taking around a year to complete for most applicants and then another year or so to complete IR process. What makes sense is for him to apply for F2A now, apply for naturalization as soon as he is able, and if he gets to be a citizen before your visa process is compete he can upgrade the petition from F2A to IR at that stage.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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3 hours ago, Shaonli said:

Thank you so much for the reply. Will it be wise enough to apply for his passport first and then after he gets his passport then apply for me?? Plz suggest 

The fastest way for you to immigrate is for your green card husband to file the I-130 right now.  Your husband can upgrade the petition for you when he becomes a US citizen. 
 

Applying for you later when he gets US citizenship would be a waste of time.  There is no advantage to wait for US citizenship.  This is just wasting time.

 

 

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