Should we get married now or wait till he get his citizenship? He's been here for more than 15 years yet will only file now.I can only stay in the US until may,so if we marry now that he is just gc holder, do I have to go back to my country? And can i get a work permit pending all the change in status?
2007-12-13 21:26:31 · 10 answers · asked by Charleze 1 in Politics & Government ➔ Immigration
The question of when to get married should be more of a personal question rather than something based on US immigration law. However, since he's currently a legal permanent resident, if you do marry now, you won't be eligible for any immediate immigration benefits. Your husband would be able to file an F2a immigrant visa petition for you, but those take almost 5 years from the time they are filed before they are valid for use to emigrate here. So, if you do marry now, you would either have to find some other eligibity to stay here, go back home, or become illegal. And, no you would not be able to get a work permit based on your husband's petition for you until it's valid for use.
If you do decide to marry, your husband should still file the petition immediately. If he becomes a citizen while you're waiting for the petition to become valid, it can be upgraded to an IR-1 petition which would then become valid immediately. However, you have to tell USCIS about the petition for this to happen, as they won't go looking for it unless you do.
2007-12-14 00:51:25 · answer #1 · answered by George L 7 · 3⤊ 0⤋
Get married now but apply after he's a citizen. if you apply now you will have to go back to your country and wait there. Since he's only a green card holder it will take from 1-5 years. Also, call Homeland Security to make sure what your options are. Good luck.
2007-12-14 15:05:46 · answer #2 · answered by monique 2 · 0⤊ 1⤋
You do not automatically change status. You can apply for your new husband to sponsor you but in that case, you will not be permitted to work.
Understand that NONE of this is automatic. All will be time consuming. I'd suggest you get an attorney, marry and get things started right away -- providing that your new husband WILL be able to prove that he can financially support you.
Also, just to clear up a fallacy, your status would not automatically change even if he were a citizen.
2007-12-13 22:20:45 · answer #3 · answered by Lori K 7 · 1⤊ 1⤋
Getting married in the US if neither of you are citizens I do not believe changes anything for you as far as your legal status.
2007-12-13 21:30:00 · answer #4 · answered by sociald 7 · 1⤊ 0⤋
Marry a Green Card Holder at the earliest, so that, you can be very safe in US.
Good Luck.
2007-12-13 21:30:01 · answer #5 · answered by Anonymous · 0⤊ 3⤋
I would ask the recruiter they have probably dealt with this situation before and have resources to answer your question.
2016-05-23 22:02:46 · answer #6 · answered by Anonymous · 0⤊ 0⤋
she becomes a foreigner married to a migrant worker, who may or may not qualify for US citizenship.
2007-12-13 21:35:08 · answer #7 · answered by Anonymous · 1⤊ 1⤋
contact immigration but you are probably more successful waiting til he gets citizenship
2007-12-13 21:29:53 · answer #8 · answered by Princess 3 · 0⤊ 2⤋
he/she can apply for a green card
2007-12-13 21:32:10 · answer #9 · answered by silent&alone 3 · 1⤊ 0⤋
??
2007-12-13 21:29:06 · answer #10 · answered by Anonymous · 1⤊ 2⤋