Marry LPR - Lottery Winner

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mmayumit

New Member
Hi all,
I have a friend who went to the USA under B2 (Tourist Visa) and now is planning to get marry an LPR who will be completing 4 years of residency in the USA in May 09.
My questions are: - When the guy will be able to apply for naturalization? Only after 5 years residency? It can be less?
- Is it better for my friend wait untill he get his cizitenzip and then she starts the adjustment of status? Or is it better do not marry now, and wait for his citizenship? But she will be out of status for a couple months...

thanks
 
I was also thinking about the same thing for my friend !! what if she married him now "in USA" and then applied for residency I-130 "based on marrying a GC holder"... true that she will wait 5 years :( but her application will be pending.... means that she can stay in USA till her application is processed and approved


right? :confused:
 
Marrying a LPR does not give her the right to remain in the US. She must maintain her own valid status - typically a guest worker visa (H`B, L1). If she were already a student, she could continue in that status. If she is not, marrying a LPR would prevent her from obtaining it. She may not remain indefinitely on a B2 visa.

a LPR can petition for a spouse, but the time to obtain a visa number is approximately 5 years.

He may apply for naturalization after 4 years and 9 months (be very careful of exact timing because applying even a couple of days too early invalidates the application).

Overstaying can create complications. This is a legal advice site. The only appropriate advice is for her to return to her home country and follow US law to immigrate legally. If she overstays and is picked up, she can be deported and subject to a 3 to 10 year ban from re-entering.
 
what if she gets F1 status before getting married?

What other visa types that can be used for prolonged stay? besides the H1B and F1

Thanks
 
Review USCIS website. She needs "dual intent" visa.

She is unlikely to get F1 if fiance is LPR. Never lie to VO to hide the relationship.

I suggest preparing all paperwork so it can be submitted at the earliest possible time.

See an attorney for additional advice. A consultation is relatively cheap compared to fixing a mistake.
 
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