New Jersey, NJ asked in Immigration Law for New Jersey

Q: I am an greencard holder from India past 6&1/2 years & right now My status is single if I go to India and I will be marr

I am an greencard holder from India past 6&1/2 years & right now My status is single if I go to India and I will be marry overthere after that I am comingback in USA that time in immigration what should I have to tell them & what I have to do in india& in USA with lawyer so after how to apply for USA citizen & bring to my wife in USA what the immigration law they will ask me for documents ? Please help me. ..

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1 Lawyer Answer
Jake Causing Santos
Jake Causing Santos
Answered
  • Immigration Law Lawyer
  • Mount Olive, NJ
  • Licensed in New Jersey

A: You are probably looking at filing an I-130 form in the U.S. and then filing a DS-230 with the National Visa center after the I-130 is approved and your wife's priority number is current. As a green card holder, your wife will have to wait until her priority number comes up before she can apply for her permanent resident visa which could take a few years. If you want to speed up the process, then you may want to apply for naturalization immediately because if you are a U.S. citizen, the wait for your wife to apply for her visa is usually much shorter.

The first step though would be to file the I-130 after you are married. Instructions about how to complete the form are available at www.uscis.gov. The I-130 is referred to as the Petition for Alien Relative. The instructions also list the documents you need to file with the I-130. At a minimum, you will probably need your marriage certificate, your wife's birth certificate, and a copy of your Permanent Resident card (or Naturalization certificate if you are already a U.S. citizen).

When you leave the U.S. and when you return, there is usually nothing specific you have to advise USCIS, but if you will be out of the country for 1 year or more then you should file an I-131 to obtain a reentry permit or you may have a problem re-entering the U.S.

You should probably consult with an immigration attorney to have a proper evaluation of your case. The information I provided is general in nature and based on the limited information you provided, and may not apply if there are other factors that were not in your question. This information is not a substitute for competent advice from an attorney fully familiar with your situation. You may contact our firm to have a personalized consultation with one of our immigration attorneys.

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