Legal Question in Immigration Law in Massachusetts

green card holder in the process of obtaining citizenship sponsoring his spouse

One spouse is a green card holder who is about to file his papers for citizenship in Feb. The other spouse is on an F1 student visa which expires in July. Can this spouse file for a green card, while spouse #1 is filing for citizenship? Is it possible for both processes to run simultaneously in order to fit in the time frame? How long does it take for the green card to arrive in this case? Is it realistic to assume by July?


Asked on 1/17/09, 9:20 pm

3 Answers from Attorneys

Joshua Goldstein Joshua L. Goldstein, Massachusetts immigration lawyer

Re: green card holder in the process of obtaining citizenship sponsoring his spouse

One more thing not mentioned in the other answers: it doesn't matter at all if your spouse's VISA expires if she is already present in the US. Visas are only needed to enter the US. If she/he is in school pursuant to a valid F-1 visa and is in compliance with all SEVIS requirements, then presumable he/she is in status and can continue living in the US until the point at which you become a US citizen.

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Answered on 1/18/09, 3:44 pm
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: green card holder in the process of obtaining citizenship sponsoring his spouse

Nothing is stopping them from filing both for naturalization and a family visa petition at the same time, but here's what's going to happen. Naturalizations are currently taking around a year to complete. I don't see any hope in obtaining citizenship by July if they file in February. I would expect February next year.

Filing now for a family petition similarly will not make it by July. A green card holder can petition for a spouse, however, unlike the spouse of a US citizen, the spouse of a permanent resident must wait for a visa to become available. The current wait time for a so-called family preference category 2A petition is 4 1/2 years. You can track visa availability by looking at the US Department of State's monthly Visa Bulletin, which you can find here: http://travel.state.gov/visa/frvi/bulletin/bulletin_4417.html

Once the spouse naturalizes, the petition will be bumped up to that of an "immediate relative" (the spouse, parent or unmarried minor child of a US citizen) and there will no longer be a wait for a visa, but you'll have to notify the USCIS service center that the petitioner is now a US citizen. I wouldn't expect USCIS to automatically do anything in this case.

So, in summary, you don't lose anything by filing for naturalization and a family 2A petition now, but I wouldn't expect anything to be done by July.

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Answered on 1/17/09, 9:50 pm
Michael Cho Law Offices of Michael Cho

Re: green card holder in the process of obtaining citizenship sponsoring his spouse

It'll be faster to apply for a green card once your spouse receives US citizenship. It takes about 6-8 months after filing the adjustment of status for the marriage interview.

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Answered on 1/18/09, 2:43 am


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