Legal Question in Immigration Law in Texas

Me and my Fiance are planning to get married. My fiance has a green card since 15 years. She is planning to get citizenship in US. I am currently on H1b visa. I wanted to know whether it is helpful for us to file for her citizenship before the marriage or after the marriage. Can I apply for green card only after marriage?


Asked on 5/22/16, 6:32 pm

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you marry while she is still a LPR, then she can only file the I-130 petition. You would need to maintain legal H-1B status until your priority date is current in order to be able to adjust status. However, if she is already a U.S. citizen, then you could file for adjustment immediately. You could also marry, file the I-130 now, & "upgrade" to "immediate relative" later, if necessary, once she becomes a citizen, assuming your p.d. isn't current already.

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Answered on 5/23/16, 11:17 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call us at (212) 968-8600. Kind regards, RDM

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Answered on 6/09/16, 11:50 pm


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