Legal Question in Immigration Law in California

Do we really have to be apart for 5+ years?
I'll get marry my fianc? on December this year.
She is in Korea, and I want to take her to the States after our wedding. However, I found it'd take more than 5 years to get her a greencard after submitting the petition (BTW, I am a greencard holder.)

Someone told me that she wouldn't even get any non immigrant VISA from INS if she files the petition for her greencard. That means, we have to be separated for the
5+ years.

I came to America in 1989 (F-1 VISA) but had to wait almost 10 years to finally receive my greencard in 2000. That means, I have to wait another 3 more years to be eligible to apply citizenship. (I heard I can apply for citizenship earlier if I have a history of staying in america for certain period, but I don't know it is true.)

Is there any way to solve this problem?

Asked on 8/19/02, 8:57 pm

3 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

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Re: Do we really have to be apart for 5+ years?

Contact me directly...I can suggest some other ways.

Answered on 8/19/02, 9:08 pm

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Larry L. Doan Law Office of Larry L. Doan

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Re: Do we really have to be apart for 5+ years?

She may be able to come here on a non-immigrant visa to be with you sooner, but it will still take about 5 years (or more) before she can file adjustment of status for a green card because that's how long the category she is in will have a visa number available for her. If you become a U.S. citizen in 3 years (no, you heard wrong, you can't get it any faster), then she can file for adjustment as soon as you become a citizen. Regardless, you should file the I-130 petition for her as soon as you're married.

If the I-130 has already been filed, it is true that her application for a non-immigrant visa will probably be rejected because of "immigrant intent", unless she's applying for a H or L visa. So be careful.

Liem Doan, Esq.

Answered on 8/21/02, 3:54 am

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