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Immigration Issues/Marriage & immigration


Dear Sir,

Thank you for your prompt reply. My wife's J-1 visa does not hold a 2 year clause. I understand from your respond that it is best to wait for the citizenship which is going to be 4 years (+1 the application procedure) more and apply for her green card when i become a citizen. How long its gonna take if we apply for her with my current status?

Thanks in advance,

Fully yours
Followup To
Question -
Dear Sir, I am a permanent resident living in NJ. My girlfriend has a J-1 visa and she is an Au pair at Connecticut. Her visa is expiring at march 2006 but it is possible to extend it 1 year more. We love each other and we would like to get married. My question is what is the most shortest and most practicable way for her getting a permanent resident card. I still have 4 years ahead of me to apply for citizenship. In this case should we get married asap and apply to standart procedures or is it better to wait for my citizenship 4 years more. Also during this application period is it possible for my fiance to get a legal work permit and a temp. visa?

Thanks in advance,

Full yours
Answer -
IS your wife's J-1 subject to the 2 year foreign residency requirement?

Getting married and filing the petition for her now will not allow her to get a work permit.

If you become a citizen later on and she is bnot subkect to the 2 year foreign residency requirement, she will be able to get her paperwork here once you become a citizen, even if she is illegal at that time, unless hse gets caught by Immigration in the meantime which is not likely.

The J-1 can not be extended. J-1 programs have specific timeframes.



It will take the same amount of time - What will happen is that you would file the I-130 now and when you become a citizen she can upgrade the petition and file the Adjustment of Status. Theonly advantage to filing the I-130 now is if there is a chance you will not become a citizen.



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Robert Hollander<B> Esq.</B>



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