Legal Question in Immigration Law in New York

green card by marriage

my fiancee has a j1 visa. we plan to get married just before his visa expires and he will apply for a green card. will he be able to remain in the us between the experation of his visa and getting a greencard.


Asked on 6/05/09, 12:53 pm

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

Re: green card by marriage

I would need more information regarding your particular case before I can comment on it properly.

However, please note that once you get married you should apply for his green card immediately even if his visa has not expired.

Your fiancee can then wait here in the US while his papers are being processed.

Patricia Martin-Gibbons

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Answered on 6/06/09, 11:19 am
Alexander Tsiring The Tsiring Law Firm, P.C.

Re: green card by marriage

it depends on whether there is 2 years home residency requirement in his visa.

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Answered on 6/05/09, 2:31 pm
Steve Brodsky Esq. CheapNewYorkLLC.com

Re: green card by marriage

Yes. FYI, if you need help, I charge just $495 plus the filing fees.

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Answered on 6/05/09, 2:47 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: green card by marriage

Your fiance may be able to remain in the United States to apply for a green card, but you should consult with an attorney prior to filing any applications on his behalf. Certain J-1 visa holders must return to their home country for two years before they are able to receive permanent resident status in the US. There are exceptions to this rule, and as such you should consult with an attorney.

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Answered on 6/08/09, 9:53 am


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