He is here with a visitor's visa. We have known each other for years
and now we want to ger married in the States.
It depends whether the forms and documents needed to process are available. It depends on whether you can prove you have enough income or a suitable sponsor. It depends on whether you can pay the filing fees.
It depends on enough to schedule an appointment with a competent and experienced immigration attorney before you decide when to file and whether to continue with processing.
Currently, interviews more often take under six months from filing. Some are interviewed under three months after filing. However, it is unclear how Hurricane Sandy will affect processing at the NYC District Office. Perhaps, the backlog will be increased by days or weeks, but not months. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.
Your fiancé will get a green card if you petition him.
As the spouse of a US citizen he will have immediate priority for an immigrant visa and should get his first, "conditional" green card within 6-7 months from filing. You should file Form I-130 petition, as well as an affidavit of support. He should file Form I-485, as well as I-765 and I-131 (if he qualifies).
Given that you will have been married for less than 2 years at the time he applies (and gets) his green card, your husband will obtain a green card valid for only two years from the date of issuance.
3 months before the 2 year anniversary of the green card's issuance, your husband will have to file Form I-751 to "remove" the 'conditions" on his residency. If successful, he will then be considered a permanent resident without any conditions, and if still married to you, will be able to apply for US citizenship 2 years and 9 months after having obtained his conditional residence.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I agree with my very qualified and experienced colleagues Mr. Dixler & Mr. Behar.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.
Assuming he otherwise qualifies it will take approximately 6 to 9 months from when the petition is submitted until he gets his green card. You will need to work with a local attorney. My firm handles such cases in NY.
Law Offices of Nicklaus Misiti
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
I do not recommend filing until it has been at least a couple of months since he entered the US on his visitor's visa (to avoid the preconceived intent issue).
Gregory Romanovsky, Esq.