Q: Is there a difference in wait time for a marriage green card if both spouses are in the US vs both spouses living out?
My husband is currently on an OPT and I am a natural born citizen. His OPT is expiring in June and we are trying to figure out what our options are after it expires. We were just married in December and are curious if there is a difference in the waiting time for a marriage green card if he has to leave the US vs being able to stay? Also, is it possible if he leaves the US for me to go with him as we wait for his green card?
A:
If he processes outside the U. S., then it can take over a year. If possible, and you are married, you should petition him and he should adjust status in the U.S.
In addition, not all applicants can process in the U. S., nor even become lawful permanent residents. As a result, I strongly recommend at least an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
A:
It would be much quicker for your husband to apply for residency within the US. Based on what you’ve said, he is eligible to do so.
If he chose to wait outside the US for a visa appointment abroad you could join him, though you’d need to show that you would be returning to establish your domicile in the US.
We recommend you consult with an immigration attorney to determine the best way forward based on your individual circumstances.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
