employment based petition vs. family petition

suzanne4, RN · Jan 15, 2006

You cannot have two petitions for this type pending at the same time.

When are you gong to be done with school?

He can start the petition when you are in school. You cannot begin the process until you have completed nursing school, and have a completed set of transcripts as well as passed either the NCLEX or CGFNS exam. So on average, that is at least six months out from the time that you graduate, at a minimum.

See what works better for you.....you still end up with the same green card.

north_star · Jan 15, 2006

thanks for the prompt reply!

ill be done with nursing school in 2 years and i really plan to apply in the US so that my son and i could live together with his father. (i know i have to take all the necessary exams and requirements that's why im already preparing as early as now )

it will take a lot of time after i graduate for me to get a green card as a nurse. in the same way, family based petitions from a green card holder is also a long wait. so my dilemma right now is which one to pursue.

if i ask my husband to petition us right away then the time would be running already but im not sure which one would finish first - his petition for us or maybe it would be faster if i just apply for a green card as a nurse after i graduate.

it's really tough to know the right answer for this one and i just hope we make the right choice.

suzanne4, RN · Jan 16, 2006

You are the immediate family in a petition, this is different than mothers/fathers/sisters/ brothers, etc. You are the spouse, so there are visas available to you while the green card is being processed. You will not need to have that in hand to come to the US to work. It is the F series of petitions.

Time frame is for the F visa is only about six months and you can get that before you get your green card and come to the US. I would continue with what your husband is doing right now, especially if he already holds a green card.

north_star · Jan 16, 2006

wow i didn't know there's such a thing. :)

thanks for the info!

but i dont understand how the F visa works. can you please explain it a little more?

nrswnabee · Jan 16, 2006

hi north star...you may want to check out uscis website. there's information available on the site. if time is really a factor for you, i think suzanne04 was right about family petitions being faster for direct family members (like spouse and kids) unlike employment-based petitions that will require a willing employer to sponsor/petition you. and before you can even start looking for one, you'll need to finish school and get your nclex/cgfns done.

suzanne4, RN · Jan 16, 2006

I will make it very easy for you. Go to www.visapro.com and look up what is there on the F series visas. They give an excellent report on it.

IseeU_rn · Jan 17, 2006

Hi north_star - I don't have an answer to your question, but I can give you some facts that may help you decide... Go to this website: http://travel.state.gov/visa/frvi/bulletin/bulletin_2771.html It's a bulletin published by the US Dept of State regarding current immigration info. According to this, your and ur child's preference is 2nd and so far, they are currently processing petitions filed Feb 2002. I don't know how fast they are processing petitions but this might be handy for your reference. Check back on it once in a while as they update it often.

Good luck on whatever decision you choose and keep up the faith. :)

north_star · Jan 19, 2006

thanks a lot you guys!!! i'll keep you posted....