Legal Question in Immigration Law in California

US Greencard/Citizenship

I am currently on H1B visa.. i have three more years left on it.. my company will soon file for my green card.. meanwhile i will be getting married to a US citizen. I was wonder if I can file for green card thru my wife while the green card thru employment is in process? also.. thru my wife.. will i have to get a green card first or can i file for citizenship straight? and do have an idea of how long that process takes? thanks


Asked on 1/19/04, 4:43 am

4 Answers from Attorneys

Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: US Greencard/Citizenship

I recommend filing a family based GC petition based on your marriage with a US citizen soon after the wedding.

Even if you started your paperwork tomorrow for an employment-based petition, you will be probably wait anywhere from 6 to 18 months just to get Labor Certification, which is a prerequisite to file your immigration papers with USCIS.

You will be eligible for citizenship after three years from the date your receive your GC based on marriage to a US citizen.

I handle these cases and I am available for consultation at 401-849-1220 should you require additional assistance.

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Answered on 1/19/04, 8:38 am
Amy Ghosh Law Offices of Amy Ghosh

Re: US Greencard/Citizenship

If you get married to an US citizen...you will be eligible for adjustment right away. I normally file them at the attorney's window downtown and within 2 months..the client would get the work authorization. You have to apply for citizenship 3 years after you become LPR. Your interview...for the adjustment can take up to 8 to 10 months.

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Answered on 1/19/04, 12:42 pm
Jason Hsu Una Law Corporation

Re: US Greencard/Citizenship

As noted, the family based petition would be much faster than your employement based petition for the green card.

It appears that you did not realize that you would need to wait some time to apply for your citizenship.

We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

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Answered on 1/19/04, 3:03 pm
Linda Allen Law Offices of LInda M Allen

Re: US Greencard/Citizenship

Thank you for your inquiry. As an immediate relative of a USC (spouse) your green card petition will be much more expeditious to process than a green card petition (labor certification, then preference petition and green card petition) through your employer.

You will also qualify for work authorization when your green card petition is filed, thus eliminating the need for your employer to file for an extension on your H-1B.

You may, however, have both a green card petition filed through your employer and a "family based" green card petition pending concurrently.

The timeframes vary to obtain a green card through marriage between USCIS District Offices. Here in San Diego it takes approximately one year. If the green card is based on marriage it is conditional (the conditions are removed in two years - but it requires a separate application to do so). After another three years you would be eligible to apply for citizenship.

Please feel free to contact me directly if you have further questions or concerns. Our office routinely handles these types of applications. I may be reached at 619.233.0900.

Sincerely,

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Answered on 1/19/04, 4:34 pm


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