Legal Question in Immigration Law in Florida

My fiancee is permanent resident who'll have permanent green card for 5 years in Aug. 2014. We've been told he can apply for citizenship 4 months before Aug. 2014. I currently have a valid work permit until April 2015. I've been told that after we get married, I can file for a green card through marriage at the same time he applies for his citizenship, or 4 months before he gets his citizenship. Is that accurate? Do I have to wait until he gets his citizenship, or can I apply when he applies for his citizenship? Thank you


Asked on 12/06/13, 10:14 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

You would not become an "immediate relative", thus not immediately eligible for a greencard, until he becomes a U.S. citizen. The naturalization process can take about one year from filing to Oath.

If you get married before he becomes a citizen, you will not be eligible to apply for adjustment of status until he naturalizes.

You do not specify what type of "work permit" you have (OPT? H-1B visa?). You should maintain your valid, non-immigrant status until your fiance naturalizes, & you should not leave the U.S. in the interim, since you have now formed "immigrant intent" & could face visa fraud issues in the future.

I advise that you speak with an experienced Immigration Attorney (& not a paralegal, notario, or someone who is not well versed in U.S. Immigration Law). Otherwise, you will get bad advice that could jeopardize your future.

Good luck.

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Answered on 12/09/13, 12:51 pm


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