Fort Myers, FL asked in Employment Law and Immigration Law for Florida

Q: Getting permission to work in the USA through marriage

Hi, my girlfriend's mum is a greencard holder and her step dad is a citizen from birth of the USA. I am hoping to get the right to work here. Would it be possible for my girlfriend to get her greencard and once we marry, claim right to work in the USA for myself? How long would it take approximately?

Thanks

1 Lawyer Answer

A: You should consult with a competent immigration attorney to explore all possible paths. If your girlfriend was under the age of 18 when her mother married the U.S. Citizen step-father, then the quickest possible way for your girlfriend to obtain U.S. legal permanent residency may actually be through her step-father, not her mother. Once your girlfriend obtains permanent residency and you marry, then she may be able to file a case for you. Unfortunately, a spouse of U.S. legal permanent resident case is subject to a quota, and may take a relatively lengthy period of time to come to fruition. If your girlfriend's step-father is either unwilling or unable to file for his step-daughter, perhaps because she was over 18 on the date of her mother's marriage to him, then your girlfriend's U.S. legal permanent resident mother may petition for her so long as your girlfriend is single (NOT married). Before taking any action (marriage, immigration or otherwise), you, your girlfriend and her parents (mother & step-father) should consult with a competent immigration attorney who can ask many questions to flush out all possible issues and possibilities. (Note: Marriage alone to your girlfriend while she is a permanent resident does not afford you any work authorization.)

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