Legal Question in Immigration Law in Indiana

I am a permanent resident (green card holder) of USA and am planning to get married in January 2010. I stayed in India mainly even after getting the green card, because my parents were here. I however, maintained my permanent resident status by visiting US every year.

My fiance holds an L1B visa and has worked in US for past 4 years. We are planning to go back to US in February 2010.

My question is : Can I file for my fiance's green card or adjustment of status after marriage? What all documents will be required for the same? Can he stay and work in US while his application is pending?

Please advise. Any help in this regard will be highly appreciated.


Asked on 12/28/09, 11:03 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Your fiance cannot get a green card immediately after marriage. The wait time after you file the initial petition would be about 4-5 years.

You didn't say when you became the LPR, but by staying in India most of the time and only visiting the USA once a year, it appears that you are not eligible to apply for US citizenship yet, and therefore can't naturalize in order to speed up the immigration process for your fiance.

Your fiance will need to maintain any other valid non-immigrant status (e.g. L visa) in USA while waiting for the priority date (4-5 years).

Your future wife/husband can't apply for adjustment of status or a work permit because he/she is not eligible for it yet.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/02/10, 11:13 pm


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