expatforums - View Single Post - Already an LPR. Can I file another I-140 "green card" application?!

01-02-2004, 02:37 AM

Yes, indeed you should be able to do this. Of course, given processing
times, my guess is that by the time you are eligible for an immigrant
visa, you would also be eligible for citizenship, and could then get her a
spousal visa that way. This would be particularly beneficial if you
already filed an I-130 for her.

On Tue, 30 Dec 2003 12:58:46 -0800, KiritPatel wrote:

    > :shocked: Ok, ive never heard of this before. Could I use this to get my
    > wife here to the states. Heres my situation: -Received my green card on
    > April 2000. -Customary marriage on 3/3/02, official marriage on
    > 12/01/03. -Wife cant get a vis. visa and so cant come to the US, has 3
    > application received stamps on passport over the last 1.5 years. (same
    > as denial )
    > -I have a BS in computer science and should receive a MS in a little
    > under a year.
    >
    > So could I apply for an extraordinary ability visa/h1b-visa/student-visa
    > and then try to get my wife here through the equivalent spousal visa???
    >
    > Thanks for any and all info,(anyother ideas would be appreciated too.)
    > kirit patel
    >
    > (Alexander Rabinowitz) wrote in message
    > news:<>...
    >> http://foia.state.gov/masterdocs/09FAM/0942073N.PDF
    >>
    >> 9 FAM 42.73 N2 Issuing Immigrant Visa to LPR (TL:VISA-333; 11-15-2001)
    >> INS and the Department have agreed that a lawful permanent resident
    >> alien is entitled to apply for and, if qualified, may be issued an
    >> immigrant visa in any other visa classification. For example, an
    >> immigrant who is admitted as a conditional immigrant may at some future
    >> date qualify for a visa in an employment-based category and thus be
    >> admitted in a non-conditional status. The consular officer shall not
    >> require the alien to relinquish Form I-551 Permanent Resident Card, as
    >> a condition for issuance of another immigrant visa.

__________________
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everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

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01-02-2004, 02:37 AM	#9 (permalink)
Ingo Pakleppa - See Web Site For Email Posts:	Re: Already an LPR. Can I file another I-140 "green card" application?! Yes, indeed you should be able to do this. Of course, given processing times, my guess is that by the time you are eligible for an immigrant visa, you would also be eligible for citizenship, and could then get her a spousal visa that way. This would be particularly beneficial if you already filed an I-130 for her. On Tue, 30 Dec 2003 12:58:46 -0800, KiritPatel wrote: > :shocked: Ok, ive never heard of this before. Could I use this to get my > wife here to the states. Heres my situation: -Received my green card on > April 2000. -Customary marriage on 3/3/02, official marriage on > 12/01/03. -Wife cant get a vis. visa and so cant come to the US, has 3 > application received stamps on passport over the last 1.5 years. (same > as denial ) > -I have a BS in computer science and should receive a MS in a little > under a year. > > So could I apply for an extraordinary ability visa/h1b-visa/student-visa > and then try to get my wife here through the equivalent spousal visa??? > > Thanks for any and all info,(anyother ideas would be appreciated too.) > kirit patel > > (Alexander Rabinowitz) wrote in message > news:<>... >> http://foia.state.gov/masterdocs/09FAM/0942073N.PDF >> >> 9 FAM 42.73 N2 Issuing Immigrant Visa to LPR (TL:VISA-333; 11-15-2001) >> INS and the Department have agreed that a lawful permanent resident >> alien is entitled to apply for and, if qualified, may be issued an >> immigrant visa in any other visa classification. For example, an >> immigrant who is admitted as a conditional immigrant may at some future >> date qualify for a visa in an employment-based category and thus be >> admitted in a non-conditional status. The consular officer shall not >> require the alien to relinquish Form I-551 Permanent Resident Card, as >> a condition for issuance of another immigrant visa. __________________ Remember, I am strictly a layperson without any legal training. I encourage everybody to seek competent legal counsel rather than relying on usenet newsgroups. Please support H.R. 539, H.R. 832 and S. 1510. More information at http://www.kkeane.com/lobbyspousal-faq.shtml Please visit my new FAQ at http://www.kkeane.com (always under construction) My email address in usenet posts is now invalid for spam protection. See my Web site for information on how to contact me. Please feel free to enjoy some of my photographs at my Web site http://www.ingopakleppa.com ! Comments are welcome.