We have been together for over 7 years since University ( She had a school / study visa then ) After graduating college she obtained a work visa and and has been working legally in florida. She has been in the country for over 7 years now legally even had to leave at somepoint for six months to reniew her paper work back home ( Colombia ) She has done everthing right to the TEE! Her work visa expires in a couple months. We have been engaged and i would like to marry her , sponcor her. What is the process now ,? can the process be quicker than 4 moths ( Ive heard minimal ) since she has done everything correctly and we have no complecations to worry about.? how can she keep working evn if the work visa expired while wating for the citenship visa.? Thanks
First of all she will be applying for residency not citizenship. The fact that she has done everything legally will not speed up her processing except for the fact that she can adjust and will not require a waiver. Once you petitioner for her, after retaining an attorney, you file for work authorization which will take 90 days. Once she receives that she can keep on working. Also file a firm I-131 so that she can travel as well while the petition is being processed. Processing times can vary from 3-6 months.
Assuming you are a U.S. Citizen, you can file for her green-card as an immediate relative YES. You can still file even if you are a green-card holder, but there are wait-times. She will get a GREEN-CARD not U.S. Citizenship. Consult with a experienced immigration lawyer to help you out.
If you are a citizen, you can file for her I-130 and adjustment application once you get married. If you are a green card holder, you can still get married and file her 130. The entire process will take time to explain. Suggest you talk with an attorney to answer all your questions.
Assuming you are a U.S. citizen and assuming that you want her to continue to follow the law to a tee, then as your wedding gift to her hire an immigration lawyer to help her get her green card. She will get a 2 year green card based on her marriage to you, and this green card will need to ne renewed to get a 10 year green card.
You will changer her life by sponsoring her in good faith. I wish you the best of luck and a happy future together.
Lena Korial-Yonan, Esq.
I agree with my colleagues; your question shows a lot of misunderstandings of the immigration process. That is understandable as immigration law in general is very confusing. The process for petitioning for your spouse is a little more complicated and I highly suggest you contact an immigration attorney to help you out.
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