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After i got married to a US citizen how many months do i have to wait before i can apply my green card?

Los Angeles, CA |

i just got married to a US citizen 2 months ago. how many months do i have to wait to apply my green card?or do i have to wait or no ?

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Attorney answers 3


There is really no waiting period before you apply - the only practical limitation is having a copy of the marriage certificate in-hand to submit with the filing. If you. have this the day after the wedding, you can file the day after the wedding (assuming all other tasks that may take time, like the medical, have beeen completed in advance).

There are situations where timing has an impact - such as where a foreign national enters the U.S. in a status that requires "nonimmigrant intent" (the intent to visit briefly and then return home). In such cases, the cact of getting married too soon after entering this way may imply fraud.

Speak to a lawyer about the specifics of filing the green card case.


Congratulations on your marriage. Immediately upon marrying, a U.S. citizen may file a petition for his or her noncitizen spouse. But the real question is whether you can apply for adjustment of status in the U.S. How did you enter the U.S.? If you entered with inspection, then you may be eligible to concurrently file the visa petition and the adjustment of status application. If not, the process is more complicated and takes longer. You should consult with an experienced and competent immigration attorney who can assess your situation and advise you on the appropriate procedures for you.

Scott D. Pollock
Scott D. Pollock & Associates, P.C.
105 W. Madison, Suite 2200
Chicago, IL 60602
(312) 444-1940
fax: (312) 444-1950

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Congratulations on your marriage. You do not have to wait to file for the green card. However, make sure you do not have any overstay issues or illegal entry issues. You can check our article and legal guide on marriage on our website.

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

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