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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108971
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I'm a green card holder, wanted to get married with a

Customer Question

I'm a green card holder, wanted to get married with a russian. What will be the best way to proceed?
Submitted: 12 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Is the Russian already inside of the U.S.? What visa did he or she use to enter? How long do they have left to stay?

Customer: replied 12 months ago.
She have a turism Visa, allows to stay maximum 6 month every time she enters the country, I'm just trying to find out how is the best way to proceed if I want to merry her
Customer: replied 12 months ago.
Any way that you can help me?
Customer: replied 12 months ago.
She had come twice already, and will be coming next week again
Customer: replied 12 months ago.
Guillermo, are you there?
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

Yes Harold. My apologies. I am a practicing attorney with my own law firm and sometimes I am called away from the computer. Anyway, how long have you be a U.S. Lawful Permanent Resident? When will you get U.S. Citizenship?

Customer: replied 12 months ago.
6 years. I'm waiting for a correction on my green card to apply again for citizenship
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

What correction? When did you file to make that correction?

Customer: replied 12 months ago.
My green card date is wrong, is 2 1/2 years off. So is preventing me to apply for citizenship.
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

And you filed an I-90 with proof of when you get Residency? How did you get Residency?

Customer: replied 12 months ago.
I did it. Is under proccess still
Customer: replied 12 months ago.
Regardless that,
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

Well, the problem is that you cannot give her an immediate benefit as an LPR. You can file for her, but it will take close to 2 years before she can use an I-130 from you to file an I-485 to get Residency. So either she has to leave and wait for Consular Processing outside, or she stays illegal and has to wait for you to get U.S. Citizenship before she can file an I-485. So which are you planning to do?

Customer: replied 12 months ago.
I was thinking about merry her, a division. Over from there
Customer: replied 12 months ago.
Wrong typing, sorry. Merry her and move from there
Customer: replied 12 months ago.
If I do it from a legal resident will it take longer right?
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

Well, like I said, you can marry her and it doesn't matter where you marry her, but if she stays in the U.S., she won't be able to stay legal for the 1.5 to 2 years you would need her to stay legal. So once she becomes illegal, she has to wait for you to become a U.S. Citizen. If not, then she can marry, leave on time, and do Consular Processing outside of the U.S. Either way, it's going to take long. Either around 1.5 to 2 years doing Consular Processing or maybe a year or so for you to get U.S. Citizenship and file for her. So it is up to you what you want to do but those are your choices at the moment.

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Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

Hello Harold. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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