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Asker
Posted over 1 year ago.

how different will the process be? if the non-citizen marries in the USA it will become a Citizen in months but if it marries a US citizen outside of the USA it will not be allowed in the USA for 10 years??

Wendy Rebecca Barlow
Wendy Rebecca Barlow, Immigration Attorney - New York, NY
Posted over 1 year ago.

The process is different because the non-citizen will be subject to a bar to admission. This requires a waiver to be approved before an immigrant visa can be issued unless of course you wait outside the United States for ten years. The waiver can only be approved if your spouse would suffer extreme hardship, which is more than separation.

If you apply for adjustment of status in the United States, you do not need to file a waiver as the ten-year bar is only triggered upon your departure. USCIS is current adjudicating marriage-based adjustment of status cases in approximately 6 months. If your application is approved, you will be granted lawful permanent resident status. You will not be granted United States citizenship as the first step to citizenship is to become a lawful permanent resident.

Again, I advise you to consult an experienced attorney before making any plans to depart.

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Asker
Posted over 1 year ago.

ok, thanks for that addition. You then apply for the green card, live in the USA for 5 years and then you become a US citizen, right?
How about work authorization? I you are required to stay that long, you must be given right to work (earn money) in order to survive, right?

Wendy Rebecca Barlow
Wendy Rebecca Barlow, Immigration Attorney - New York, NY
Posted over 1 year ago.

You may be eligible for naturalization after three years if you are still married to your U.S. spouse and living together.

A lawful permanent resident is eligible to work in the U.S. and does not require employment authorization. You may be eligible for moment authorization while your application for adjustment is pending; however, employment authorization is a benefit not a right just as is lawful permanent residence is regardless of who you are married to.