Miami, FL asked in Immigration Law for Florida

Q: Does your American spouse have to submit taxes of the last year or of the last 3 years when applying for my residence?

Hi, My husband sent the application form I- 130 like 7 months ago, (we got married 8 months ago at the end of June 2018) I was wondering how long does it usually take to get approved? I checked my status online and it is still in process....one It gets approved, how long does it take to have a SSN? After form I-130 is approved, how long does it take after you apply for your residence to have your interview? Will I get a conditional permanent residence? Or a permanent resident? When should I expect to get that? When you apply for a residence, do your us citizen spouse have to add to the papers their taxes from the last year or from the last 3 years? Thanks so much in advance for the answers.

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2 Lawyer Answers
Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: The answers to some of your questions are case specific. You may wish to consider scheduling a consultation with a competent immigration attorney. Bring with you to your consultation your questions as well as copies of documents you filed with USCIS. Speaking generally, processing times vary by USCIS field Office. As it concerns conditional residence, if on the day you are approved for permanent residency you have been married less than 2 years, then you will be given conditional residency.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: I-130s take about 8 months or so to get approved, so you shouldn’t have to wait much longer.

You do not say it, but it sounds as if you are in the United States. If that is true, then once the I-130 is approved you can apply for permanent residency. If your husband is a citizen, and if you entered the US on a visa, you might be able to apply for residence in the United States. If so, you can apply for a temporary work authorization at the same time. Once you have that, you can get a social security number. That takes about four or five months after you apply.

If your husband isn’t a citizen, and/or if you didn’t come into the US on a visa, you will likely need to apply for a visa in your home country. There are other considerations, too, so we strongly recommend that, if you have not done so, you and your husband consult with an immigration attorney.

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