Hi,

My fiance who is a U.S citizen is going to sponsor me – how long does that usually take?

• 
  vidagolaw
  22:54 on February 24th, 2009 Reply to comment

  Hi Nic,

  Thanks for your email. The amount of time from start to finish (meaning from time of application to actual issuance of the visa) can vary based on a number of factors. The best way to ensure that any visa application gets processed as quickly as possible is to make sure that the fiance visa application is put together properly – that every blank has been filled, every required document and translation has been attached and that it is presented in a neat and tidy fashion. Most delays can be avoided by just being careful. Secondly, you can check the current processing times for the fiance petition based on where the U.S. citizen lives. This is posted at the USCIS website. You could check the processing times posted by the Service Center which covers the residence of your U.S. citizen fiance. Fiance visa applications are now sent to either the California Service Center (CSC) or the Vermont Service Center (VSC). Currently, the CSC is taking 6 months to process an application while the VSC is currently taking 9 months. Keep in mind that these processing times may change. After approval, the next part of the waiting game occurs when the overseas fiance receives the package of consular forms to complete. In our office we often prepare those documents ahead of time in anticipation of the fiance petition being approved. That way, no time is lost when the overseas beneficiary receives his/her package, as we’ve already completed the forms. Again, organization and preparation at this stage can help make the process go faster. The timing of the fiance being called in for the interview can vary widely depending on the country you are coming from. Each consular/embassy office has it’s own processing times depending on their workloads. In my own experience, if the client is well-organized (and when we are retained, we do our best to make sure they are), I would estimate typically 6 to 8 months from the initial filing to the actual fiance visa being issued. Best of luck and please feel free to contact our office if you would like our assistance.

  Vida Gosrisirikul

Hi,
I would like to know If I could sponsor my mom and bring her for the United States.I am a US permanent resident, My mom lives in cuba.

Thank you

Hi, I am a green card holder. I wanted to sponsor my brother. which is the best way? either sponsor him directly or sponsor my parents and let them sponsor for him? he is 27 yr old and unmarried

I am Canadian. My brother in law is American, while my sister is a permanent (US) resident. Can I somehow get sponsored?
Thanks

• 
  vidagolaw
  1:30 on April 14th, 2009 Reply to comment

  Response to Comment From Mark 2009/03/13 at 10:42pm

  I am Canadian. My brother in law is American, while my sister is a permanent (US) resident. Can I somehow get sponsored?
  Thanks

  _________

  Thanks for your comment Mark. Your sister cannot sponsor you until she gets her citizenship which will be after she has her green card for 3 years assuming she got her green card through her U.S. citizen husband. The brother sister wait is quite long however – about 10 years.

  Vida Gosrisirikul

I am a US citizen and want to sponsor my parents green card. They live in India and have a 10 year multiple entry visa.

How much time does it take for their immigration to complete, and while their immigration is going on can they visit me on their visa ?

thanks

• 
  vidagolaw
  1:12 on August 29th, 2009 Reply to comment

  Response to Comment from Rahul – 2009/04/17 at 11:01pm

  I am a US citizen and want to sponsor my parents green card. They live in India and have a 10 year multiple entry visa.

  How much time does it take for their immigration to complete, and while their immigration is going on can they visit me on their visa ?

  thanks

  ____________

  Hi Rahul,

  A U.S. Citizen applying for his or her parent is a relatively expedient process. I would say in my experience it only takes about 3 months if done while in the U.S. It is allowable for you to apply for them while they are here in the U.S. though you may run into issues of intent. In most cases however, that is not a problem. If you apply for them while they are in India, then they will need to wait for the length of time it is taking at the U.S. consular office in India to process such petitions. But keep in mind, if you apply for them while they are in India, they are not supposed to use their tourist visas. It is considered inconsistent to have a green card application in process which is considered an immigrant visa while trying to still use one’s tourist visa which is a non-immigrant visa. The immigrant visa (green card) means you want to live and/or work here permanently, while a non-immigrant visa means you are only in the U.S. temporarily and when your alloted time is over, you are supposed to return to your home country.

  Vida Gosrisirikul

Hi,

I married a US citizen like a year ago,we are in the US. I came with a J-1 visa.
Can my uncle who’s also US citizen sponsor me?
What will be the difference in the process?
Is this the best way to go if my husband does not make enough money to sponsor me?
So, who will have to do the paper work?

Thank you in advance for you responde.

• 
  vidagolaw
  1:30 on August 29th, 2009 Reply to comment

  Response to Comment from Elizabeth – 2009/04/20 at 4:10pm

  Hi,

  I married a US citizen like a year ago,we are in the US. I came with a J-1 visa.
  Can my uncle who’s also US citizen sponsor me?
  What will be the difference in the process?
  Is this the best way to go if my husband does not make enough money to sponsor me?
  So, who will have to do the paper work?

  Thank you in advance for you responde.

  _________

  Thanks for your comment Elizabeth. U.S. Citizen uncles and aunts cannot sponsor their nieces and nephews directly. They can sponsor their brothers and sisters (and their families which may include nieces and nephews), but then there becomes the issue of potentially “aging out” (turning 21) while waiting in the long line for brother and sister petitions. So, it seems that only leaves your husband and that would probably make the most sense in your case. What you didn’t mention is whether your J-1 has a two year residence requirement. If you do fall under that rule, then you either need to return to your home country for two years, or obtain a waiver of the two year requirement. So, that main issue has to be dealt with first. Assuming you are currently eligible, if your husband cannot meet the sponsorship requirement, then you can have a green card or U.S. citizen holder (does not have to be related to you) serve as a joint sponsor. That person has to make enough to support himself or herself and his or her family plus you.

  Vida Gosrisirikul

Dear Vida,

My wife is a U.S. citizen and I am a permanent (US) resident though my wife. Can my wife sponsor my parents to become a permanent resident? If so, what\’s the wait? Taiwan. Thank!

• 
  vidagolaw
  1:44 on August 29th, 2009 Reply to comment

  Response to Comment from Frank - 2009/04/24 at 5:30pm

  Dear Vida,

  My wife is a U.S. citizen and I am a permanent (US) resident though my wife. Can my wife sponsor my parents to become a permanent resident? If so, what\’s the wait? Taiwan. Thank!

  _________

  Hi Frank, thanks for your comment. Unfortunately, your wife cannot sponsor your parents. You will be able to sponsor your parents after you become a citizen. Since you got your green card through your wife, then after three years you can apply for citizenship. Sponsoring your parents at that point shouldn’t take too long. It just depends on how long the consulate in Taiwan is taking to process those types of petitions.

  Vida Gosrisirikul

can i apply gc to my aunt’s grand daughter and my brother?

• 
  vidagolaw
  1:53 on August 29th, 2009 Reply to comment

  Response to comment from Priya – 2009/04/29 at 10:19am

  can i apply gc to my aunt’s grand daughter and my brother?
  ________

  Hi Priya,

  Sorry, I don’t have enough information to answer your question. First of all, you haven’t mentioned what your status is. If you are a US Citizen, you can apply for your brother. See this post for more information.

  Vida Gosrisirikul

hi,
i am a U.S. citizen and i want to sponser my brother and his wife who lives in trinidad.
i know that it takes along time, but can him and his family come and work legally in the U.S. while there green card patition is going through?
thank you,
hema

• 
  vidagolaw
  2:16 on August 29th, 2009 Reply to comment

  Response to Hema – 2009/04/29 at 9:01pm

  hi,
  i am a U.S. citizen and i want to sponser my brother and his wife who lives in trinidad.
  i know that it takes along time, but can him and his family come and work legally in the U.S. while there green card patition is going through?
  thank you,
  hema
  _____________

  Hi Hema,

  You can sponsor your brother, however for him to come to the U.S. while the application is pending would be difficult. I suppose it could be possible if he can obtain an H-1B visa which is a temporary work visa through an employer. That visa allows for dual-intent. Or perhaps an O-1 visa which also allows for dual intent. When dual intent is allowed, generally that means that the U.S. allows some foreigners to be temporarily present in the U.S. lawfully while maintaining the intent to be future green card holders (being here permanently). That is not normally the case with most non-immigrant visas.

hi

i am canadian citizen and my mom is us greencard holder

i am over 21 years old and single

can my mom sponser me for us greencard

thanks for your help

lobsang

i am gay and i have a domestic partnerships ( others form of marriage for same sex) my partner is a us citizen. can he sponsor me for the green card?

i am a gay and i have a domestic partenership ( kind of marriage for same sex) my partner is a us citizen can he sponsor me for the green card

• 
  vidagolaw
  22:07 on April 5th, 2010 Reply to comment

  Jeadn,

  At this current time, I have not heard of any gay couples who been able to utilize spousal petitions as straight couples have. At a minimum you would need to be married which is not recognized in many states. If you did get married in a state that recognizes gay marriage and you did apply for spousal green card – you may be one of the very first test cases, so it’s hard to say, but I think it would be very difficult if not rejected by the USCIS.

  Vida

  This reply is not intended as legal advice, but is for general information purposes. It in no way creates an attorney/client relationship. If you wish to retain us, please contact our office directly through e-mail: vidago@mrdglaw.com or by calling our office.

Dear Sir,

My mom is a senior US citizen and has no income.
She lives alone in USA. My Father was a US Citizen and is no more.

While, I am married with 3 children.

Can she sponsor me for a green card?

Will Appreciate your reply.

Thanks,
JD

• 
  vidagolaw
  22:01 on April 5th, 2010 Reply to comment

  Hi Jyoti,

  Your mother can petition for you, but it’s taking about 9 years. If your mother doesn’t have income, you or she can find someone who would be willing to act as a joint sponsor. They would have to meet certain income requirements and be willing to provide their income tax return and W2s and be willing to accept financial responsibility for you if you accept certain public benefits.

  Vida

  This reply is not intended as legal advice, but is for general information purposes. It in no way creates an attorney/client relationship. If you wish to retain us, please contact our office directly through e-mail: vidago@mrdglaw.com or by calling our office.

Hi Vida Gosrisirikul,

I have been living in the U.S for 12 years as a permanent residence with my husband and three kids. The problem is that my father who sponsor me, didn\’t go to a lawyer instead he went to a notary who help him fill my application. The notary made a error and said that I didn\’t had a children at the time of my application. I was under 21 and wasn\’t marry, neither was I with my babies father).Now I want to applied for my children(2 daughters 18yr and 20yrs ,and a son 17yr old) and my husband, the father of my kids( who later in the U.S meet and got marry with).My question is would I have a problem when I fill the N-400 (U.S citizenship application, I think) because I am going to said that I have a husband and three children and there also living in the U.S. Is there anything that can do to fix this error before I apply for the citizenship.

I will appreciated your response very much.

Thank you

Yesenia

dear Vida,
pls give me an advice for my question earlier, Thx