Q: UK citizen married to an American but only allowed to be in the US 3 months at a time on current visa. Help!
How can I stay permanently in the States with my husband?
If you are a UK citizen married to an American citizen but are only allowed to be in the US for 3 months at a time on your current visa, there are several options to explore for obtaining permanent residency in the US:
Marriage-based green card: If you are married to a US citizen, you may be eligible to apply for a marriage-based green card, which would allow you to live and work in the US permanently. This process involves submitting an I-130 petition and an I-485 adjustment of status application, and requires meeting certain eligibility criteria.
Employment-based green card: If you have a job offer from a US employer or are highly skilled in a field that is in high demand, you may be eligible to apply for an employment-based green card. This process involves submitting an I-140 petition and an I-485 adjustment of status application, and requires meeting certain eligibility criteria.
Investment-based green card: If you have a significant amount of money to invest in a US business, you may be eligible to apply for an investment-based green card. This process involves submitting an I-526 petition and requires meeting certain eligibility criteria.
It is recommended that you consult with an experienced immigration attorney to determine the best course of action for your specific situation and to ensure that you understand the requirements and procedures for obtaining permanent residency in the US. The attorney can also help you prepare the necessary documentation and navigate the complex immigration process.
A green card through marriage to a US citizen is the most common way to become a permanent resident. The spouse of a US citizen is an “immediate relative”. This means that there is no limit on the number of people who can obtain green cards through marriage to US citizens.
The US citizen starts the process by submitting a form I-130 visa petition on behalf of his/her spouse. If the spouse entered the US lawfully, he/she can file for Adjustment of Status (Form I-485) at the same time and get a green card without having to leave the US.
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.