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legal non-resident marrying to a Green Card holder

legal non-resident marrying to a Green Card holder

Old Oct 24th 2002, 1:33 pm
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Default legal non-resident marrying to a Green Card holder

If a foreigner with a legal status in USA gets married to a green card holder in US. How long does it take to get a green card for him/her?

If you get married to the GC holder in US and applied for AOS, can you leave US for any reason (for a business trip, family visit etc.) for a short time? Some people say that you cannot enter US in such a case at least for 3 years. So if you marry her/him, you have to stay in US until you get yourown GC?? Any info?
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Old Oct 24th 2002, 2:51 pm
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Default Re: legal non-resident marrying to a Green Card holder

Originally posted by greeny
If a foreigner with a legal status in USA gets married to a green card holder in US. How long does it take to get a green card for him/her?

If you get married to the GC holder in US and applied for AOS, can you leave US for any reason (for a business trip, family visit etc.) for a short time? Some people say that you cannot enter US in such a case at least for 3 years. So if you marry her/him, you have to stay in US until you get yourown GC?? Any info?
Hi:

We've had many clients in legal non-immigrant status marry an LPR. The LPR then files the I-130 and the NI spouse continues to maintain their NI status.

You don't mention what your NI status is. You don't say whether you still have a valid VISA [note I did NOT say "status" -- a "visa" is different from "status" -- you can have an expired visa and still have lawful status]. This affects the travel issues.

I'd recommend your spouse apply for US citizenship as soon as she can.

You may want to consult with an experienced immigration attorney on this one.
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Old Oct 24th 2002, 3:19 pm
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Default Re: legal non-resident marrying to a Green Card holder

I have an F1 visa. I don't have any "expired" visa problem. I am in status and my visa is valid for 4 more years.
She got her green card recently. So she cannot apply for citizenship yet. Please tell me, if we marry now and if I apply for AOS, is there going to be any problem about leaving US and coming back for couple of years?
On the other hand, as I get married to an LPR, am I going to be able to get work permit immediately?

Originally posted by Folinskyinla
Hi:

We've had many clients in legal non-immigrant status marry an LPR. The LPR then files the I-130 and the NI spouse continues to maintain their NI status.

You don't mention what your NI status is. You don't say whether you still have a valid VISA [note I did NOT say "status" -- a "visa" is different from "status" -- you can have an expired visa and still have lawful status]. This affects the travel issues.

I'd recommend your spouse apply for US citizenship as soon as she can.

You may want to consult with an experienced immigration attorney on this one.
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Old Oct 25th 2002, 3:37 pm
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What visa are you here on?. I had a J-1 then got married. it takes a while to get a green card but I had a stamp in my passport which was valid I believe for a few months so travel was possible. Now a citizen I am glad I don't have to go thru this.
Good luck,

Peter
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