Q: Can I get U.S. residency by marrying a green card holder?
I am a British citizen currently in the U.S. on a B1/B2 visa, and I've been here for about 2 months. I would like to know if marrying my girlfriend, who is a Yemeni citizen with a green card, will grant me the ability to obtain U.S. residency. I haven't yet consulted with an immigration attorney and don't have other employment or support considerations affecting this decision. Can you advise on the process or any potential issues I might face?
A: Marriage to a green card holder will provide an avenue for getting a green card. Once the green card holder becomes a US citizen the foreign national spouse may apply for a green card
A: No, unless you’re in status at the time your priority date is current for the category that you fall under. You can check when the priority date for your immigration category becomes current by going to the visa bulletin board department of state. That being said, if you are not in status at the time that that priority date becomes current, you can always wait for your spouse to obtain US citizenship, and then even if you are out of status at that point in time, she can still sponsor you for a green card. So then the question becomes when would your spouse be able to apply for US citizenship?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Marrying a U.S. permanent resident (green card holder) can indeed lead to obtaining lawful permanent residence, though the process differs from marrying a U.S. citizen. As the spouse of a green card holder, you would be placed in the F2A preference category, which typically involves a waiting period before a visa number becomes available.
Your current B1/B2 status might present some complications, as entering the U.S. on a temporary visa with the intent to adjust status through marriage could be viewed as visa fraud. Immigration officials look closely at marriages that occur shortly after entry on temporary visas, and maintaining honest intentions throughout the process is crucial.
Given the complexities involved, consulting with an immigration attorney would be valuable before proceeding. They can help you understand specific timing considerations, evaluate any potential red flags in your situation, and guide you through proper documentation requirements. The attorney can also help ensure you maintain valid status throughout the process, as falling out of status could create additional hurdles for your case.
Your immigration journey involves important legal considerations that could significantly impact your future in the United States. Taking time to understand the process and requirements will help you make informed decisions about your path forward.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
