After getting married to a Green card holder in Georgia US what are steps that follows for the spouse to apply for a green card?

Asked over 4 years ago - Atlanta, GA

I am engaged to a Green Card holder (permanent resident) who lives in Atlanta Georgia.
We are planning to get married in August this year. Is it possible to get married in US and then apply for my green card after we are married in US?
After I apply for mu Permanent Residency how long before I would be able to get my SSN and be able to legally work in Georgia?

Attorney answers (2)

  1. David Nabow Soloway

    Contributor Level 17

    Answered . In general, a Lawful Permanent Resident (holder of a "Green Card") may petition for a spouse in the Family-based Second Preference category, for which visas currently are available for spouses from most countries in cases filed in March, 2006 or earlier. As you can see, there is a backlog for visas in this category that can last several years, and therefore the spouse would need to explore eligibility for other immigration benefits during the waiting period, or would need to wait outside the U.S.

    If the Green Card holder becomes a U.S. citizen, then generally the citizen can petition for a spouse in the "Immediate Relative" category, for which there is no visa backlog.

    If someone were to marry a Green Card holder in August, a Petition for Alien Relative could be filed right away in the Second Preference category, and upon the Green Card holder becoming a citizen, the case would shift to the Immediate Relative category so that the spouse could apply for Adjustment of Status, with an Employment Authorization Document ("EAD" or "work permit") issued while the Adjustment of Status case is pending.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Poorak, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

  2. Shah Iqbal Nawaaz Peerally

    Contributor Level 19

    Answered . This is a broad question. The permanent resident cannot grant you immediate benefit. Therfore, if you are in the US, you will not be able to file for adjustment of status until you become a US citizen. If you are outside US, it will be recommended to wait unless you can enter on a dual intent visa.
    Talk to a good immigration lawyer before you decide.

    Good Luck
    Shah Peerally
    Founder and Managing Attorney of Shah Peerally Law Group PC Law Firm Deals in Immigration law, Bankruptcy & Debt Relief

    Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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