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Marital status

Chicago, IL |

I met a person from jamaica who has green card but not yet american citizenship, he have to wait 4 years to apply for it. I have tourist visa that will expire soon so my quesion is, if i will married him before or after my non immmigrant status will expire i would be able to benefit of his status thow he is not an american citizen yet? And the marriage is real so we want to do this even if i will have status benefits or not

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Attorney answers 3


You could marry him and he could petition for you to obtain yoru permanent residency but this will only give you a place in line (several years to wait) and woudl not allow you to remain in the U.S. Depending on when he is eligible for U.S. citzizenship it might make more sense to look at other nonimmigrant options before you marry. Or marry and then return home to wait until he becomes a U.S. citizenship or your Priority Date is current.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

Carl Michael Shusterman

Carl Michael Shusterman


Good answer


If you marry him and he sponsors you, the line will be at least 2 years long. You will probably have to wait in abroad until your number comes up.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


I agree with my colleagues. There are few immigration benefits being married to a non-citizen. There will be a wait of several years.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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