Legal Question in Immigration Law in Virginia

Re: marriage to a greencard holder

First of all, this requires very careful planning and understanding. All marriages by someone who is not a U.S. citizen to a citizen or permanent resident are ASSUMED to be fraudulent. You have the burden of proving that your marriage is real. You must stay married for at least 3 years. Even then, the INS (now CIS) will interview both of you to see if you have really been living together as husband and wife or not. For example, they can ask you details like what brand of toothpaste your husband uses. What clothes does he wear to sleep? All sorts of details. However, it is my understanding that you can get a green card, as the same status as your husband.

Re: marriage to a greencard holder

Hi,

Congrats on the marriage. If you will marry your resident boyfriend he will not be able to give you immediate benefits. Once he files your case you will need to wait at least 5 years before you will be able to get you green card. During the waiting period you will not be able to stay in the US unless you remain a student or some other legal status.

The best suggestion is for him to become a citizen and file for you. If you need help with anything feel free to give me a call at 619-819-9204.

Jacob