Legal Question in Immigration Law in Pennsylvania

About to marry a green card holder

Hi, I'm currently in USA with F1 visa and Pakistani nationality. My fianc�e is a green card holder. She has applied for citizenship June 2004.

We are to get married in December. My question is, should we apply for my green card while she is a permanent resident or should we wait till she gets her citizenship and then apply or wait and get married after she gets her citizenship. Would it make any difference regarding the wait period?

My student visa does not expire till 2007.

Please advise


Asked on 9/12/04, 8:57 pm

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: About to marry a green card holder

Yes, there is generally quite a difference in wait between petitioning for a spouse as a lawful permanent resident (green card holder) and as a U.S. citizen. For the spouses of U.S. citizens, an immigrant visa is immediately available, and if the immigrating spouse is already lawfully in the U.S., assuming he or she qualifies for this process, he or she may apply for adjustment of status without having to leave the country or wait for an immigrant visa outside the U.S.

Last time I looked, the second preference (for spouses of green card holders) had approximately a four year wait just to get the petition reviewed by BCIS because of the wait for visas.

The important thing is to make sure that your fiancee qualifies to be naturalized shortly by satisfying all residence and physical presence requirements among others. The other important task is to ensure that you would qualify for adjustment of status and would be otherwise admissible.

Please note that the above response is in the nature of general information, is not legal advice and should not be relied upon as such.

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Answered on 9/12/04, 11:35 pm


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