Grand Prairie, TX asked in Immigration Law for Texas

Q: Greencard related question

I'm a German Citizen with my 3rd E2 Visa working and living in the US. My Visa will run out next year in February. On 11.11.2018 i got married to my wife which is an US citizen. Since we are almost married for two years we are planning to apply for my green card now. We have not applied for the Green card right after our marriage due the fact that we don't wanted to pay twice since the you have to apply for a Green card again after 2 Years of Marriage - I hope that is correct. Keep in consideration the waiting/process time of the green card application, do we should wait till November 2 Years mark has past to apply or can we also apply now in order to get the 10 Years green card?

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1 Lawyer Answer
Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: You can be issued the 10 year resident card if at the time that USCIS adjudicates the FORM I-485/I-130 you have been married to a U.S. citizen for at least 2 years. You do not have to wait until November 2020 to file the request for adjustment of status in that USCIS does not adjudicate a request for adjustment of status in less than 6 months. As a precautionary measure, you should continue to file for the extension of the E-2 status at the appropriate time.

Good luck to you.

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