QUESTION

If B2 visa married US citizen, how long does it take to get green card, can I continue stay when my visa expired?

Asked on Sep 01st, 2013 on Immigration - California
More details to this question:
I have B2 visa that will be expire in next 2 month. I meet a suitable guy in US and plan to get married. How long will it take to get green card? Am I eligible to stay in US after my visa expired but after completing the form (I-130 & I485), what is the lawyer cost for this case?
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6 ANSWERS

Adebola O. Asekun
If you are married to a US citizen, you can and should immediately file a Form I-130 petition, concurrently with your Form I-485 application to adjust status along with your Form I-765 Application for initial work authorization. Normal processing time of your case is probably no more than 6 months from filing to adjudication. If all goes well, both you and your US citizen husband will be requested to appear for a joint interview at the local ICS office. Assuming the interview goes as planned, your case will be approved and your green card will be mailed within a few days or weeks thereafter. Next, because your green card application will not be adjudicated within 2 months, by which time your current B-2 visa will have expired, please note that this does not matter and you can legally remain in the US even after your B-2 expires since your adjustment of status is pending, you will not be considered to be out of status. Actual attorneys fees for processing your case varies,and you may have to shop around, but your consideration should be to ensure that you hire the right and competent lawyer and in that respect, ask your friends and family to recommend a good immigration lawyer that they ay have used in the past.
Answered on Sep 04th, 2013 at 10:58 AM

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Rebecca T White
If you have a valid marriage to a U.S. citizen and have filed the I-130 immigrant visa and I-485 adjustment packet you may remain after your initial stay expires. It will typically take 6-12 months. Lawyer fees will vary depending upon the attorney and what you hire the attorney to assist you with.
Answered on Sep 03rd, 2013 at 6:55 PM

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Immigration Law Attorney serving Atlanta, GA
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Generally, a foreign national who enters the U.S. lawfully and with inspection, such as with a B2 visa, and then becomes married to a U.S. citizen, may apply to adjust status to become a Lawful Permanent Resident (to get a "Green Card"), and the fact that the foreign national may have overstayed her visa will not stand in the way of eligibility. Upon filing an adjustment of status application with application for an Employment Authorization Document ("EAD" or "work permit"), the foreign national may expect to receive the EAD in 60-90 days and thereby become authorized for employment while the case is pending. The USCIS is inconsistent in the amount of time it takes to process a marriage-based adjustment of status case, but generally a couple with a well prepared and fully documented application will be scheduled for an interview in about 3.5 - 4.5 months, and approval should take place at time of interview. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge. An initial consultation is needed to learn all of the relevant information about the couple and to determine the exact steps that will be necessary to take once that is determined, a "flat fee" can be determined.
Answered on Sep 03rd, 2013 at 6:17 PM

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In order for a visitor to apply for residency through marriage to a US citizen, you need to apply for adjustment of status on form I-485 and your husband needs to petition for you concurrently on form I-130. You do not need to leave the country if your authorized stay expires as long as you file your application before immigration serves you with a Notice to Appear before an immigration judge. It's currently taking USCIS approximately 4-6 months to process your paperwork before you will be called in for an immigration interview. If your application is approved, USCIS will mail your Permanent Resident Card to your home address in a few weeks.
Answered on Sep 03rd, 2013 at 1:24 PM

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You should be able to stay in the US.
Answered on Sep 03rd, 2013 at 12:33 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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You can stay and apply for your green card. The entire process takes about 3 months from start to finish. Typical fees are about $2500 plus USCIS fees.
Answered on Sep 03rd, 2013 at 11:53 AM

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