Hello, thank you for using JustAnswer. My name is ***** ***** I'm an immigration attorney. It's my pleasure to help you today.
Hello Elina, and Happy New Year! Thank you for getting back to me so quickly
Is she still currently in status on he tourist visa?
her visa is going to expire mid February
There's a chance that we might still make it with my citizenship and that would be best, ***** ***** in case we won't. I'd like to know my options
long as she is still in status, you may file her residency application right away in January. Is there a reason you are waiting for your application for citizenship to be approved first?
I was told by a couple of other lawyers before that it would best, ***** ***** fastest if we marry once I'm a citizen. Doing so with a Green Card is a lengthy process
The process is exactly the same. The visa numbers are current for lawful permanent residents. That advice is outdated. There used to be a waitliat, but there is not one now.
long as you file prior to her status expiring, she will qualify just the same.
As a matter of fact, I recently met a couple who are in a similar situation, except the guy is still 1 year away from becoming a citizen. They're already married and their lawyer told them that it's still best to wait for the citizenship rather than apply on a green card
That is only true if the person is outside their visa status.
Just to confirm, how long will it take for her to get her work permit, green card, etc if we get married now and apply while I'm still a permanent resident
If she were illegally in the country because she overstayed her visa, then she would not qualify until you are a citizen because she would have a punishment. So long as you file prior to her visa expiring, she qualifies to change status while you are a resident. The paperwork and process is exactly the same regardless of whether you are a US citizen or a resident at this time.
The ead takes 4-8 months to arrive from the national center.
The green card depends on your particular jurisdiction. Where do you live? If you tell me, I can give you the exact timeliness for your area.
I see, it must be a new thing, none of the previous lawyers have told me about this. I appreciate the heads up! I was also told that if the overstay is within 180 days, it could be forgiven if one becomes married to a citizen. If worst comes to worst, is that so? Because, at this time, it seems like even getting a marriage license can take a long time. Especially here, in California
We're in Glendale, California
if she overstays, then everything changes and she has to wait until you become a us citizen.
What is your zip code please?
That zip code is withing the jurisdiction of the Los Angeles field office. Los Angeles is currently predicting 14 to 33 months in overall processing time.
Is there anything else I can help you with at this time?
Would you also be able to tell me what's the form number that we're going to need to file in this case? If we marry now and apply for her adjustment of status while I'm still a permanent resident
I130, i485, i130a, i864, i765, i131, i944
Okay great! Thank you so much
No problem. If I have provided you satisfactory service today, I would appreciate a positive review. Have a great evening.
Absolutely! Thanks again, and you too