QUESTION
How long after my brother marries someone on a tourist visa before she will become a legal resident?
Asked on Jan 22nd, 2011 on Immigration - Tennessee
More details to this question:
My brother-in-law is planning on getting married to his son's mom who is here with a tourist visa. Her visa expires in November 2011. How long after they get married is the process for her to become legal to stay and be able to work in the US? He was told it only takes four months. Also, what are the requirements for her to remain legal? Is there is certain amount of time they have to be living together, share accounts together, etc.
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
If she is here legally they can file immediately for permanent residency. After filing she will be fingerprinted and issued a work card and travel permit. Approximately 3-4 months in most areas now they will be scheduled for an interview. If all goes well at the interview her permanent residency will be approved. It should be a good faith marriage and not one just to assist her in getting permanent residency. If married less than 2 years when the PR card is approved it will be a conditional permanent residency (2 year PR card). After 1 year and 9 months they will need to jointly petition to remove conditions and demonstrate again that their marriage is in good faith. There are limited exceptions to the joint filing requirement at the end of the two year period and they require a strong showing that the marriage was done for the right reasons and not just to help get a green card.
Answered on Jan 31st, 2011 at 6:58 PM
Contract Negotiations Attorney serving Miami Lakes, FL
at
Florido & Associates, P.A.
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If he lives in Florida and marries his USC wife , the process to obtain a green card normally takes 6 months.
Answered on Jan 24th, 2011 at 6:13 PM
William C. Gosnell
Two years.
Answered on Jan 24th, 2011 at 3:58 PM