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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28202
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Good evening expert, My EB2 PERM was just approved recently

Customer Question

Good evening expert,
My EB2 PERM was just approved recently and my company is in the process of filing my I-140 & I-485 and I have a question regarding that, as I plan to get married later in the year & my fiance is currently on OPT but we're not yet married.
The question is - should I wait for my Green card process to be complete before I can file for her to stay in the country on my Green card? and what category of Visa can I file for her then? Can I file a green card for her after my green card process is completed or do you advise that we get married before that next phase of my process is filed?
This is a big concern for me & I'll appreciate your help on this one.
Really appreciate your advise on this
Many thanks
Damie
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Judith replied 6 months ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.You need to marry before your 485 is approved.If you marry after you have to file an I-130 for her and it will take up to 2 years for a priority date to become current and for her to be able to apply for her green card. If she can stay on STEM following OPT then she can buy time to stay here.Otherwise you need to marry before your greencard process is completed.That way she can file to adjust status along with you and not have to wait for a priority date which will take up to the 2 years. She could end up having to return home to wait if her STEM extension is not approved.Marry as soon as possible., I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith

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