Legal Question in Immigration Law in New Jersey

marriage / immigration

I am a permanent resident (Green Card Holder) and applied for citizenship in April 2009. I already received the notice of approval of my application. The process will take around 5 months. (The approximate processing time for New Jersey) I need to address several questions.

I am planning to marry a girl from TURKEY; I am also a Turkish citizen. She is a Turkish citizen and she is holding B1 Visa good for almost 10 years. She is in an import/export business and her business requires a lot of travelling (international) what is the right action for us

1) If we get married now we will have to fill out the green card application with my permanent resident status. I guess this process is too long. But if I wait until I get my citizenship it will take less time. Can we get married and wait until my citizenship is approved since she can come here with B1 visa. (normally they issue her 3-6 months visa


Asked on 4/20/09, 2:15 pm

2 Answers from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Re: marriage / immigration

Are you aware, as a US citizen if you are bringing your fiance here she would have to come in on a K1 visa and not a B1 visa?

Why you might ask because she would not be coming in as a temporary visitor or for the purpose of the business, but to live here.

Antoinette M. Wooten, Esq.

Belleville, NJ

Read more
Answered on 4/22/09, 1:26 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: marriage / immigration

You should contact an immigration attorney before filing any applications for your girlfriend to determine the best way to file her application for permanent residence. There are many factors that will go into planning on filing an application for and many variables which can change the approach you will wish to take.

One problem with the approach that you have mentioned is that she will unlikely be able to enter the US with a B-1 visa once you file an I-130 petition for her (when you are a green card holder) and she will definitely not be able to enter the US on her B-1 if you file an application for her once you have become a US citizen.

Again you should speak with an immigration attorney to determine the best options for your specific case.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

Read more
Answered on 4/20/09, 2:21 pm


Related Questions & Answers

More Immigration Law questions and answers in New Jersey