Get GreenCard/Citizenship through Marriage
- Thread starter luckyman
- Start date
marriage and green card
I am a us citizen married to an illegal alien. I am trying to adjust his status but no luck. we went to many lawyers they say he cannot adjust his status until section 245i gets extended.. He has a transit visa (C1), I am afraid to petion for him because he might get deported if I do. Does anyone Know what I should do so we can adjust his status in the US.?
I am a us citizen married to an illegal alien. I am trying to adjust his status but no luck. we went to many lawyers they say he cannot adjust his status until section 245i gets extended.. He has a transit visa (C1), I am afraid to petion for him because he might get deported if I do. Does anyone Know what I should do so we can adjust his status in the US.?
VivaLasVegas
Volunteer Moderator
There is a law which prohibits crew on a C-1/D visa from adjusting their status in the US. Your spouse will have to go back to his country and you could file the K-3 visa
more info on a K-3 can be found on the USCIS Website http://www.uscis.gov
or
http://k1.exit.com
HTH
more info on a K-3 can be found on the USCIS Website http://www.uscis.gov
or
http://k1.exit.com
HTH
detroitimmi
Registered Users (C)
Your question is not clear: you are on H1 and your girlfriend is a permanent resident who will file for citizenship?
Are you married? Your question puts the cart before the horse: you could marry before or after she gets her citiznship. After she gets her citizenship, then and then only can she sponsor you on K1 or something. There is no way the two of you will get your citizenships "at the same time." You have to first get your green card. You can't adjust status from h1 to a citizenship. One wishes that were possible, but alas it's not.
Are you married? Your question puts the cart before the horse: you could marry before or after she gets her citiznship. After she gets her citizenship, then and then only can she sponsor you on K1 or something. There is no way the two of you will get your citizenships "at the same time." You have to first get your green card. You can't adjust status from h1 to a citizenship. One wishes that were possible, but alas it's not.
clear the question
My question is if I marry her now, and then she file citizenship with my name as her husband. can I get citizenship at the same time as she gets ?
If the answer is no, usually how long it will take for me to get
citizenship ?
Thanks for your prompt response.
My question is if I marry her now, and then she file citizenship with my name as her husband. can I get citizenship at the same time as she gets ?
If the answer is no, usually how long it will take for me to get
citizenship ?
Thanks for your prompt response.
Last edited by a moderator:
VivaLasVegas
Volunteer Moderator
Re: clear the question
If you marry your spouse now she can file an I130 which will be pending for ever till she becomes a US Citizen. Once she does that she can ask INS to change the petition priority to current which means once ur I130 is approved you can file the I485 to adjust your status to a permanent resident.
based on that and once your GC is approved you will get a Conditional Green Card and will have to file the I751 petition to remove conditions 2 yrs and 9 months after your Conditional Green Card was approved.
In that process if you are still married to that USC spouse for 3 yrs after your conditional GC was approved you can file the N-400 Application for Naturalization to file for citizenship.
So you are looking at another 4-5 more years to be a naturalized US Citizen.
Good Luck
If you marry your spouse now she can file an I130 which will be pending for ever till she becomes a US Citizen. Once she does that she can ask INS to change the petition priority to current which means once ur I130 is approved you can file the I485 to adjust your status to a permanent resident.
based on that and once your GC is approved you will get a Conditional Green Card and will have to file the I751 petition to remove conditions 2 yrs and 9 months after your Conditional Green Card was approved.
In that process if you are still married to that USC spouse for 3 yrs after your conditional GC was approved you can file the N-400 Application for Naturalization to file for citizenship.
So you are looking at another 4-5 more years to be a naturalized US Citizen.
Good Luck