Legal Question in Immigration Law in California

Re: Which comes first? Marriage or Citizenship?

Answers:

(1) I apply and obtain my citizenship and then we get married and apply for her green card because of marriage to a US Citizen OR (2) We get married and when I apply for my citizenship, include her as a spouse in the application. Which would enable her to get her green card the quickest? Which would be the least hassle to the both of us, her especially?

- The quickest way and least hassle is to get married now and submit the application after you become a U.S. Citizen.

3) And lastly, which would have the least/most restrictions as far as leaving the US (for vacation/visit to foreign countries) is concerned?

- If your girlfriend has never been out of status, she can get a travel permit once her permanent residence ("green card") is pending.

Re: Which comes first? Marriage or Citizenship?

In general, applying to become a USCitizen can take approx. 4-9 months depending on where you reside/district office handling case. It is your application for citizenship, and not anyone elses (ie, your girlfriend soon-to-be wife could not become an LPR automatically because her spouse is a citizen). You must proactively apply as a USCitizen for your spouse to get a greencard, assuming that the spouse would qualify. As stated, once you are a USC, you can apply for your wife to become an LPR by filing an I-130/I-485. This process can take anywhere from 4months to 1 year, depending on where you reside.

Without knowing more about the situation of your girlfriend, and how her Employment case PR case was filed, it is hard to say how long it will take. The backlog centers are processing some of the long pending labor certifications now. Sometimes it is better to start a new PERM Labor Certification over again and get it done that way

If you have further questions, you can email me at [email protected].