Published on the World Journal Weekly on June 15, 2014
Q & A 1. 2. 3. 4.
Q&A 1.
K-2 Holder Wants to Know If He Can Apply for Naturalization 5 Years After Entering as K-2
A Green Card Holder asks:
I came to the U. S. as a K-2 child in 2009 and I got my green card in 2010. Since I came in 2009, can I apply for my U. S. citizenship 5 years later in 2014?
Mr. Lee answers:
Time for naturalization purposes begins when a person obtains permanent residence status, not when he/she enters the U.S. on a non-immigrant visa such as the K-2. If you received your residence status in 2010, you can apply for citizenship at the earliest in the 90 day period prior to the fifth anniversary of your residence status.
Q&A 2.
Reader Wants to Expedite the Immigration Process for Her Husband – Any Way to Do It?
A reader asks:
My husband and I are separated by distance (he is in China and I am here) and I petitioning for him now to immigrate him as my spouse. Is there any way that we can expedite the process as it seems inhumane for us to be separated for a long amount of time since we are husband and wife?
Mr. Lee answers:
I will assume from your inquiry and the request for speed that you are a U.S. citizen. If you are not, and only holding a green card, there is a backlog of cases. U.S.C.I.S.'s latest processing time charts indicate that it is taking approximately 5-8 months to adjudicate an I-130 immigrant petition for alien relative where the petitioner is a U.S. citizen and the beneficiary is a spouse, parent, or child under the age of 21 and unmarried. Processing times are approximate and can vary. Following I-130 approval, the petition is forwarded to the National Visa Center (NVC) where much documentation is gathered prior to the case being released to the U.S. consulate or embassy overseas for final interview. NVC/consular processing can take anywhere from five months to a year or longer depending upon the speed with which you and your husband work at obtaining the required documentation and the speed of both NVC and the consulate/embassy. You can also petition for your husband on form I-129F as a K-3 spouse, and the present timing with U.S.C.I.S. is 5 months as per its processing time charts. However, while the case is with the NVC, it will be canceled if the I-130 is approved and reaches the NVC. There is no other way to expedite the process than to ensure that your paperwork/documents are timely and correct, and by reminding U.S.C.I.S., NVC, and consulate/embassy if they are exceeding their established processing times.
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