Asked in Immigration Law

Q: Married to green card holder who is active duty army, green card help

I’m an international student and my husband is a green card holder, he is scheduled to be deployed in March and is wanting to file for a spousal green card. We’ve been married 8months now, however I’m still in status as I’m enrolled. How do we go about it? The uscis website says we should notify of any upcoming deployment. I know getting a green card by a green card holder is a longer process, should we still notify uscis on better still wait till he gets his citizenship? He has a 9month deployment to Afghanistan and wants to get this out the way.

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: It will depend upon where you live and how organized both USCIS and the filing is. The F2A category is current, which means that you may be able to adjust status sooner than normal. This will require a significant effort to get the matter expedited. If not, this can create complications.

As a result, I strongly recommend that you retain a competent and experienced immigration attorney, if possible, before there are more complications. Good luck.

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

A: The first step is for him to file the visa petition. If you are still lawfully in the country by the time the priority date comes current, you can adjust status here in the US. If your husband is still deployed, it is possible to attend the interview without him being there.

Your husband should see about expedited citizenship through military service. Consulting with an immigration attorney would be advisable, in any case.

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