Legal Question in Immigration Law in Massachusetts

Re: Marriage to Green Card Holder

Marriage to a green card holder will qualify you to apply for your green card under the Family Based Second Preference Family 2A category. Check the processing times of Family 2A here

http://www.travel.state.gov/visa_bulletin.html As you can see it is taking a long time.

Re: Marriage to Green Card Holder

The new V1 and V2 nonimmigrant visas allow certain spouses of lawful permanent residents and the children of those spouses to travel to and from the US and to reside in the US while they wait for the final completion of their immigration process. It does not matter whether that process will be completed by adjusting status in the US or in securing an immigrant visa overseas. The spouse and unmarried children of lawful permanent residents who qualify for the V1 and V2 visas will be able to visit and reside with their lawful permanent resident family member. The V visas for adults will be valid for multiple requests for entry for ten years; for children under the age of 11, these visas will also be issued for multiple entries and with a 10 validity date; for children 11 years old or older, the visa will be valid for multiple requests to enter and will remain valid until the holder�s 21st birth day. Moreover, holders of V1 and V2 visas may apply for employment authorization documents to work in the US. Other benefits available with V1 and V2 status after admission or after INS has changed an alien�s status, are discussed at the INS website, http://www.ins.gov .

The spouse of a lawful permanent resident of the United States (a �green card� holder) may apply for a V1 nonimmigrant visa overseas, if the following conditions are met:

The lawful permanent resident filed an immigrant visa petition for his or her spouse on or before December 21, 2000, and

The spouse has waited three years since the filing of the petition and has not been scheduled for an immigrant visa interview.

The spouse may be waiting either for INS approval of the petition or, if the petition was approved by INS, for availability of a visa number in order to complete immigrant visa processing.

Re: Marriage to Green Card Holder

As stated before, if you marry your lawful permanent resident spouse may file a visa petition to register you, but you would have to wait in line until your "priority date", which is essentially the date of filing the visa petition, is reached to make you eligible to get permanent resident status.

This may take several years based on current waiting lists, unfortunately. However, you may have some options available on your own behalf depending on your college background and career situation, and your status in the US, to qualify you to live and work in the US while you wait for your eligibility to become a permanent resident.

I suggest you review your situation with an attorney.

Best wishes.

Eric W. Schultz (716-854-1541)