Green Card Process for Wife and Son

[js604]

What is the name of your state? Washington

Im looking for general info and approval that I have done all that i can so far. Heres the situation, me and my newly wed wife have been together for 5+ years, we got married this year july 6th to be exact. we have a son who was born dec 16, 2006. I am a lawful permanent resident for just about 5 years at the end of August. This is what I have done. I have filed for my N-400 Naturlization as you are allowed to 90 days prior to your 5 year anniv as a LPR, correct? However i did not know about Selective Service and sent my application before i received my selective service number so i could be the price jacking, i now received my selective service number and waiting for my n-400 receipt so i can send them my number, i was told by a uscis customer rep that they may allow this if i wrote a letter as well which i did. what do you think? ok, now as far as my wife and son, i filed two seperate i-130 for each of them, hoping it gets approved as well as my n-400 i will prob naturalize before a visa becomes available to them, at that point could i upgrade there status so they dont have to wait for a visa, cause spouse and children of citizen dont have to wait for visas? and also, they are canadian, do they need to obtein any visa or anything to come to the usa with me while there applications are being processed? because i read somewhere that canada is a visa excempt or something like that, if not, what visa can i file for them to come and live there with me, not work, just live while we wait. any info would be great. thanks.

 

[js604]

oh yes, and what would wait times be generally if i just applied last month

 

[ImmigAttyLana]

Are your wife and child here in the US? If so, then you can just convert the pending I-130 petitions on their behalf to those of immediate relatives when you become a USC.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[js604]

no they are not in usa yet, because the drive from where i live in the usa and them in canada is 30min. to bring them here do i need to apply for v1 and v2 visas for them to live while they wait for the application to be processed?

 

[js604]

ok so after reading a little bit i see that i cannot apply for v1 or v2 for my kid, they do not meet 3 year wait requirements, how can i get them into the usa to come live with me while they wait?

 

[ImmigAttyLana]

You cannot. You have to be a US citizen and then petition for them or upgrade the petition on their behalf. Until then they are not eligible to be in the US unless they obtain an independent nonimmigrant status through employment, etc.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[js604]

so they cant live with me here even if they arent working. can they not stay with me for a period of up to 6 months? i thought i heard that somewhere that they can visit the states for upto 6 months at a time? or what if there not constantly staying here, going back to canada once or twice a month and not showing any evidence of living here while we wait.

 

[ImmigAttyLana]

Yes, theoretically, they can come in as visitors for up to 6 months but it is likely that they will not be permitted to enter as visitors when the border patrol sees that they have a pending I-130 and thus that they have immigrant intent.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[js604]

so what your saying is, not even for a weekend will my wife and son be able to visit me once the i-130 is pending and in the customs computers?