Boise, ID asked in Immigration Law for Idaho

Q: Am perm resident. Want to marry illegal who overstayed visa. Is it better to become USC first, or marry, then become USC

I want her to become permanent resident and know the big difference in USC vs PR waiting time and rules. So I do not want to endanger her chances to become PR. If she married a PR who then became a USC, would we have to follow PR marriage rules or since I am a citizen when we file, we would follow USC marriage rules?

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1 Lawyer Answer
Jordan C. Moody
Jordan C. Moody
  • Immigration Law Lawyer
  • Boise, ID

A: If you petition a spouse as a PR, and then become a USC while the petition is pending, you can change the visa category. So I would advise you to start both the petition and naturalization processes now.

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