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    nightorc's Avatar
    nightorc Posts: 3, Reputation: 1
    New Member
    		  
    #1

    May 20, 2011, 01:06 PM
    Should I apply Green Card before or after my wife's naturalization?
    Hi,

    My wife has been here as a LPR since May 2007 and will be applying for naturalization early next year. I am currently on H1B visa. Should I apply my Green Card after her naturalization or apply now and adjust my application later? Also how long does it take before I can get my conditional green card?

    Thanks.
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
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    #2

    May 20, 2011, 07:11 PM

    File the I-130 now and after she natz's then upgrade and file the adjustment of status petition. Since you're and H-1B, you have a nonimmigrant visa classification that allows for dual intent, so no need to wait. This way you will get a priority date, which may help in case there is a delay in her citizenship.

    You will only get your PR or CR after you file the AOSl which you can only file when your priority date is current or your wife is a USC. It is taking about 6 months from filing to the USCIS interview.

    Consult with an experienced immigration attorney. Good luck.
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