Legal Question in Immigration Law in Oklahoma

Hi, I am a US permanent resident(Indian Passport holder) since July 2011. My girlfriend is an Indian citizen with Indian passport. She has a visitor's visa to the US for 10 years. we have intentions to get married soon. However we are really struggling to decide the timing and the appropriate immigration process that gets us to be together soon without jeopardizing our joint future in the US(including my citizenship). Our specific questions are

1. What is the best way(shortest duration of process) for her to come stay with me in the US continuously with me?

2. I was told that spouse of a US citizen gets preference in visas and PR. How soon can I apply for my US citizenship?

3. How soon will I get US citizenship once applied?

4. what visa or process do I apply for her so she can come stay here legally and work as well. She is an architect?

5. what are our other options? Do we have to get married in the US?

we are trying to figure out the best time to get married while respecting the immigration laws and process of the US. Any guidance will be very helpful. Many thanks in advance.


Asked on 8/26/15, 1:01 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Although I highly recommend you actually meet with an Immigration Attorney in your area to go over all of the details pertaining to your numerous questions, in general, if you obtained LPR through employment, you can file for naturalization 4 yrs, 9 mos from the date the "greencard" was approved (if you file even a day early, the case will be denied). The process can take 9-12 mos. Only the spouse of a U.S. citizen can file for adjustment of status immediately. If your girlfriend overstays her visa, then she faces a potential bar to re-entry, & will not be able to change status or adjust status, but for marriage to a U.S. citizen. If she is an Architect, H-1B might be an option, but an employer cannot file until 04/01/2016 for a 10/01/2016 start date, & if she falls out of status, then the issue is moot.

There is just too much to discuss for this type of forum, so it might be worth paying for a consultation with an experienced attorney.

Read more
Answered on 8/26/15, 8:07 am


Related Questions & Answers

More Immigration Law questions and answers in Oklahoma