> I am a husband of a permanent US Resident. We are Indian Citizens. My
> wife got her green card in May 1999. She did not live in United States
> after getting her Green Card. She was still living in India and came
> to
> US every year to renew her re-entry permit. In May 2002, she
> permanently moved to United States. I came to United States on F-1
> visa
> in July-2002 to do my Masters. We got married in district court in
> August-2002. In January 2004, my wife filed a visa petition for me.
> She
> filed form I-130 for me. I got a receipt on Jan-20 2004 and when I
> first checked my case status online, it said that "Your I130 IMMIGRANT
> PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN was received on January
> 20,
> 2004. We mailed you a receipt with information about processing. It is
> taking between 540 and 570 days for us to process this kind of case.
> We
> will mail you a decision as soon as processing is complete." Even as
> of
> today it says the same thing. Currently, I am on a H-1B visa which
> expires on 01-01-2008. My questions are: 1. When can my wife file for
> her Citizenship?
> Since she had her Green Card since May 1999, does she have to wait for
> 4 years and 1 day from May 2002 (when she permanently moved to USA) or
> like everyone she has to wait for 4 years and 9 months?
>
> 2. What other forms she needs to file for me once she gets her
> citizenship?
>
> 3. When will I be placed under "Change of Status" so that I can get a
> temporary work permit?
>
> 4. Will I be able to get my Green Card or at least a temporary work
> permit before my H-1B expires?
Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of
the application, he or she:
* has been lawfully admitted for permanent residence (see
preceding section);
* has resided continuously as a lawful permanent resident in the
U.S. for at least 5 years prior to filing with no single absence
from the United States of more than one year;
* has been physically present in the United States for at least 30
months out of the previous five years (absences of more than six
months but less than one year shall disrupt the applicant's
continuity of residence unless the applicant can establish that he
or she did not abandon his or her residence during such period)
* has resided within a state or district for at least three months
http://uscis.gov/graphics/services/natz/general.htm
As an aside she seems to have been lucky to have kept her LPR status,
perhaps regulations were laxer then?
You can either have a look on the Marriage board or try www.visajourney
for the Spouse process. She can of course file for you now and upgrade
the petition in a couple of years time.
Assuming you are in the US when she is able to file in status, you file
for Employment Authorisation at the same time as adjustment of status,
takes a few months but who knows what the future position will be.
And your final question depends on when your H1 expires, yes if she has
her Citizenship by then, no if she has not.
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