newbie question - Pending citizenship

N

nico8402

New Member
Hi all,

I'm very new to the whole immigration process and I have a couple of questions to ask you guys...
First let's talk about the situation: I entered the US legally, under a J-1 visa, which will expire next August. I met my future wife while I was here (more than a year now), and she is a LPR. She will apply for US citizenship very soon, but as I've seen on the USCIS website, processing times are like 13-15 months now to become USC, and I will then be illegal here if I stay that long.
- if we marry now, and files the I-130, can we get a faster processing once she becomes a USC?
- When will I be able to work here, I mean as a permanent resident, not under the terms of my J-1 ?
- Can she send the I-130 and the I-485 at the same time, providing me with the ability to get a work permit ASAP ?

Thanks a lot, I look forward for your answers.

Nicolas.
 
No. It says "Bearer is not subject to section 212(E). Two year residency does not apply". Although I called my Sponsor Organization and they said that I will have 2 years to get another J-1, but I think it doesn't matter for other kind of visas, does it ?

Thanks.

Nicolas
 
Once she gets citizenship, you can file I-130 and I-485 right afterwards which would immediately give you permission to keep staying in the US while your green card application is in process. When filing the I-485, you can also file for work authorization which usually takes 2-3 months to be approved. So if you assume 1 month after she obtains citizenship for the time to assemble all the documents and photos and take the medical exam in preparation for filing the I-485, you would be able to work (without your J-1) within 3-4 months after she becomes a US citizen.

But while she is a green card holder, you can't file I-130 and I-485 at the same time, because the backlog for spouses of green card holders requires a few years of waiting to be eligible to file the I-485.

The processing time for naturalization is less than a year for most people. The published 13-15 months is more like an upper limit where 90% are processed in less than that; it is not an average (but note that a few get stuck for multiple years due to "name check").
 
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