Legal Question in Immigration Law in Massachusetts

Marriage in Mass

How long do you have to stay married in order for your spouse to become a legal citizen?


Asked on 3/18/08, 10:43 am

1 Answer from Attorneys

Melina Merino Attorney Melina Merino

Re: Marriage in Mass

If a person entered the USA legally, his or her husband can submit a visa petition on his/her spouse's behalf as soon as they are married. The immigrant spouse most of the times can also submit his/her application for permanent residency concurrently with the visa petition. Once all documents are filed with USCIS, it takes them about 6 months to a year to process and schedule an interview date. Once the case is approved (which may or may not happen at the interview) and the beneficiary spouse receives permanent resident status (green card), if the marriage is a 'new' marriage (2 years or less), the spouse will receive a conditional residency for two years. During the 90 day period preceding the expiration of that conditional residency, a petition to remove conditions on the residency needs to be filed. It can take USCIS up to a year or more to adjudicate that petition. If a couple has been married for three years from the date the immigration spouse became a permanent resident, he/she could apply for citizenship based on marriage. If you have any other questions regarding this matter, do not hesitate to contact me.

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Answered on 3/18/08, 11:02 am


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