Q: What kind of visa should I apply for my husband ?
I am a green card holder staying abroad in the meantime and would like to petition my husband to live in states with me. And just found out I’m 3 weeks pregnant.
A:
Any US Permanent Resident MUST reside in the U.S. PERMANENTLY and MUST maintain a domicile (a permanent residence). If you stay abroad for over one year your LPR status will be deemed abandoned. Even if you stay abroad for longer than half a year at one time and create a pattern of staying abroad for over six months your LPR status may be cancelled as well.
In order to petition for your foreign national spouse to reside with your in the U.S. you must be in the U.S. for the past three months (90 days) otherwise that filing will be defective ab initio.
A: You may petition for your foreign national spouse for a K-4 visa yet you have to be residing in the U.S. for the past three months.
A:
As a green card holder, you may be able to petition for your husband to live in the United States through a family-based visa. The specific type of visa you would need to apply for will depend on the circumstances of your case and the processing times for each visa category.
If you are currently residing abroad and would like your husband to immigrate to the U.S. to live with you, you may be able to file an I-130 Petition for Alien Relative on his behalf. This petition establishes your relationship with your husband and is the first step in the family-based immigration process. Once the petition is approved, your husband will be able to apply for an immigrant visa at a U.S. consulate abroad.
The processing times for family-based visas can vary, depending on the visa category and the backlog of applications. In general, spouses of green card holders are eligible for the F2A visa category, which has a current priority date and generally has a shorter processing time than other family-based categories.
If you are pregnant, it's important to factor this into your plans for bringing your husband to the United States. You may need to consider the timing of the application and the potential impact on your health and wellbeing.
It's recommended that you consult with an experienced immigration attorney to discuss the specific details of your case and to get guidance on the best approach for petitioning for your husband's immigration to the United States.
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