If my husband has a B1/2 visa and we also have a 13 month old, what should be our next step for his visa and eventually his citizenship?

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If my husband has a B1/2 visa and we also have a 13 month old, what should be our next step for his visa and eventually his citizenship?

Asked on September 28, 2012 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The fact that you have a child will have no impact since a child cannot petition for the father until the child turns 21.  As far as you possibly petitioning for him, if you are a US citizen, you can petition your husband for permanent residence on the basis of marriage.  Once that is approved and he gets a green card, he will need to be a permanent resident (green card holder) for the requisite period of time before he is eligible to apply for US citizenship (naturalization), and the period of time is 3 years if you are married.


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