Happy New Year, I had a question about a marriage based visa. I'm a permanent resident who's about to become a citizen

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Customer: Hi there and Happy New Year, I had a question about a marriage based visa.
JA: Thanks. Same to you!
Customer: I'm a permanent resident who's about to become a citizen in the next month or two. My fiance has been travelling to me for the past couple of years on her tourist visa. Due to covid and unforeseen circumstances in her home country she stayed a little longer this time and we're thinking about marrying now rather than waiting. Her visa is set to expire in February, I'm wondering what's the best way to marry and apply for a visa without her having to go back
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: I just found out that my citizenship interview was rescheduled, I was going to become a citizen this upcoming week and we were going to marry and proceed with the paperwork. Now that it's rescheduled, I'm worrying that the new date might be after her visa expiration date and we might not be able to make it in time
JA: Have you talked to a lawyer about the visa?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That's it
Answered by ElinaS123 in 12 mins 1 year ago
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ElinaS123
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ElinaS123
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166 Satisfied customers
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10+ years of experience
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ElinaS123
10+ years of experience
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166 Satisfied customers

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ElinaS123, Expert

Hello, thank you for using JustAnswer. My name is ***** ***** I'm an immigration attorney. It's my pleasure to help you today.
Customer
Hello Elina, and Happy New Year! Thank you for getting back to me so quickly
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ElinaS123, Expert

No problem.
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ElinaS123, Expert

Is she still currently in status on he tourist visa?
Customer
her visa is going to expire mid February
Customer
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
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ElinaS123, Expert

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?
Customer
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
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ElinaS123, Expert

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.
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ElinaS123, Expert

long as you file prior to her status expiring, she will qualify just the same.
Customer
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
Customer
oh ok
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ElinaS123, Expert

That is only true if the person is outside their visa status.
Customer
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
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ElinaS123, Expert

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.
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ElinaS123, Expert

The ead takes 4-8 months to arrive from the national center.
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ElinaS123, Expert

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.
Customer
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
Customer
We're in Glendale, California
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ElinaS123, Expert

if she overstays, then everything changes and she has to wait until you become a us citizen.
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ElinaS123, Expert

What is your zip code please?
Customer
91206
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ElinaS123, Expert

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.
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ElinaS123, Expert

Is there anything else I can help you with at this time?
Customer
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
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ElinaS123, Expert

I130, i485, i130a, i864, i765, i131, i944
Customer
Okay great! Thank you so much
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ElinaS123, Expert

No problem. If I have provided you satisfactory service today, I would appreciate a positive review. Have a great evening.
Customer
Absolutely! Thanks again, and you too
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