Chris asked in 教育與參考出國留學 · 1 decade ago

綠卡申請與結婚先後的關係

我女友目前在美國公作正在申請H1B工作簽證

拿到H1B之後會進一步申請綠卡

請問一下

如果我和女友在她申請綠卡前就先結婚了

這樣我大概要等多久才能夠也拿到綠卡

又如果我們是在她拿到綠卡之後再結婚

這樣我大概要等多久才能夠也拿到綠卡

2 Answers

Rating
  • Elisa
    Lv 7
    1 decade ago
    Favorite Answer

    It is best to get married before you apply for the green card. It will take about at least 5 to 6 years to get the green card. What you are applying is a F2A status: Spouse of lawful permanent resident. The backlog is 5-6 years. Individuals from China (mainland), India , Mexico and the Philippines are subject to per-country quotas. If your marriage is less than two years by the time you will be granted a green card, you will receive a conditional green card. You will have to wait for 90 days before the conditional green card expires to remove the condition.

    It will take five years before your future wife can file to become a US citizen. There is no backlog for a US citizen to apply a green card for his/her spouse.

    Anyway, the time adds up pretty close whichever route you choose. However, you may end up still waiting for a green card before your future wife becomes a US citizen. At that time, the F2A petition is automatically converted to an IR1 (spouse of an American) petition. These visa categories are not subject to the visa quota system and will therefore always have visas available for the beneficiaries’ use if they qualify for visa issuance.

    Green card holders married to non-U.S. citizens are unable to legally bring their spouses (or families) to join them in the USA . The foreign spouse of a green card holder must wait for approval of an 'immigrant visa' from the State Department before entering the United States . Due to a backlog in processing, such visas can take up to five years to be approved. In the interim, due to immigration intent, the spouse cannot enter the United States on any other visas not even as a visitor.

    Source(s): Myself. As a US citizen, I have applied green card for my husband.
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