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Can a Green Card holder sponsor a spouse that already has a US Visa?
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Can a Green Card holder sponsor a spouse that already has a US Visa?

Hello all, this may sound a bit crazy but I really need some help on this one. I am getting married to someone from the caribbean who already has an American Visa. The problem is I am only a Green Card hold but will be eligible for Citizenship a few months after the wedding. My main question is, how would it take for him to receive a work permit if a file the paper work right after the wedding?
Secondly, I would like to know after applying for my citizenship, how long does it take for my appointment and exam?

Thank you very much in advance I really need this help.


    




Phil
You can defiinitely sponsor your fiance but it will be much faster once you are a citizen and married. I am certain you can amend or update your application once you gain citizenship. It is fine if your spouse already has a visa of some other kind, apply for an adjustment of status -- well one caution, be sure your fiance has not not violated their visa in getting married. That is, if they have a tourist visa and it is evident they came here to get married, that's not acceptable.

Someone else can probably clue you in on the timing and exact forms, or go to www.visajourney.com which is an excellent site aimed at people who are trying to get spouses green cards.


Spotter 888
Rating
Shellon, let me answer your last question first. From what I know, it takes about 8-10 months from application to taking of the oath. This is just an average processing time.

Now your first question. If your fiance has a tourist visa, you can definitely marry him BUT not in the US. That will be a violation of his visa.

Also if you marry him outside of the US and petition him while you are still a green card holder, it will take almost 5 years before he will be issued an immigrant visa. If you wait till you are a citizen before you petition him as a fiance, it will take about 12 months before he will be allowed to enter the US and get married to you. If you are a citizen and marry him outside the US, he will have to wait 12 - 18 months before he is issued a spousal visa.

Maybe marry him outside the US and get the paperwork started. Upgrade when you are a citizen. That is if you are both in a hurry to get married. But you cannot be together in the US immediately, unless he visits you for 6 months then has to leave again. That is expensive.

That is how I see it. If he has a work visa/student visa, then that changes everything.


Anakin
Rating
A green card holder can sponsor his/her spouse and children. But, is easier if you are a US citizen. And that doesn't matter if your spouse have US visa. My friend is a naturalized citizen and she waited like 4 months for the entire process, but that depends on the state, etc.





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