Q: Do we have to wait after our marriage to file for a marriage based green card
We got married about 3 weeks ago after me being here for 8 months as a student. Is there a waiting period before filing?
A: As a U.S. citizen or resident you can file the FORM I-130/I-130A with USCIS once you marry a foreign national.
If you are a U.S. citizen and your spouse entered the U.S. lawfully, then the FORM I-485 can be filed concurrently with the FORM I-130, relative petition.
There is no waiting period after you marry for you to file the relative petition with USCIS.
Good luck to you.
A: There is no specific waiting period but there are certain pros/cons to the timing of filing that depend on your specific situation and needs. I would recommend that you at least do a free phone consultation with an immigration attorney to discuss those pros/cons before you file. Many attorneys offer such free consultations and you can use Justia.com, Avvo.com or AILA.org to find them. Best wishes!
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