Marriage between soon to be US citizen ( permanent resident ) with someone who has student visa?
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Marriage between soon to be US citizen ( permanent resident ) with someone who has student visa?
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how long it takes for person #2 to get green card (permanent resident card) if the marriage is prior to the person #1 accepting US citizen ship. and what about if the mariage happens after the US citizenship is accepted my person #1. Because i dont want my significant other to have any more paper works to do, I want to help him get documents as soon as possible.
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going_for_baroque
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Let's identify the terms: You are the Petitioner, he will be the beneficiary. You will become a citizen soon. Can you reduce the paperwork if you petition as a citizen? How long will the petition take either way?
These are tough questions. First, let me point out that as long as he remains "in status" - he remains a student per his I-94 - he can marry or not. Marriage is not that critical for his student status.
The paperwork is essentially the same if you are a LPR or a USC when you apply. The big consideration is the time it takes to get his I-551. There are no quotas for spouses of US Citizens, so the time it takes depends on CIS (legacy INS). Could be a few months or it could be a couple of years.
If you marry immediately and apply for his green card as the spouse of an LPR, he will likely be paroled -permitted to stay - until the processing can happen.
If I were you, I'd try to get more information about how long the citizenship process will take you. If he can remain a student until then, marry after you're a citizen. If you file for him while you're an LPR yourself, you can change your petition but processing may be duplicated. I think it would be safer for him to marry an LPR and wait until the processing occurs.
Good luck |
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Yak Rider
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As a Green Card holder it takes 5 to 6 years before a visa becomes available. As a US Citizen a visa is available immediately.
The paperwork is identical. |
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