If I am a green card holder who recently filed for citizenship and want to file for my husband who is out of the country, should I file his petition now or wait until I become a citizen?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I am a green card holder who recently filed for citizenship and want to file for my husband who is out of the country, should I file his petition now or wait until I become a citizen?
Asked on February 21, 2012 under Immigration Law, New York
Answers:
Harun Kazmi / Kazmi and Sakata Attorneys at Law
Answered 12 years ago | Contributor
Hi. You can file now and upgrade the I-130 later with your Naturalization certificate. However, it is sometimes difficult to get that Service Center to connect it to the file. If your Naturalization interview is close, I would recommend waiting and then filing.
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can file it now and then once you become a US citizen, you will need to upgrade the petition to that of a spouse of a US citizen from that of a spouse of a lawful permanent resident. It will probably expedite the process somewhat if you file now but probably not by too much time.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.