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My son who is a green card holder and is entering the US…

My son who is...

My son who is a green card holder and is entering the US Airforce on Sept 19 is recently married to a girl who is a tourist with visa to expire on OCt 11. what must be done so that the girl does not need to go home anymore when her visa expires?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I am a permanent resident in US and I don't have any pending applications or petition with USCIS, same with my son.

Lawyer's Assistant: Have you talked to a lawyer yet?

He was able to talk to a lawyer and was advised to wait for him to become a US citizen before he will petition the wife

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We would just like to know if we can submit anytime the petition for the wife and if okay for her to stay in US when her visa expires since there will already be a pending petition

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Answered in 5 minutes by:
9/1/2017
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,986
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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When is your son eligible to apply for his citizenship?

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Customer reply replied 11 months ago
Nov 9 if God permits
Customer reply replied 11 months ago
As long as you can give me an answer to my question I will be fine.

Since your son is a green card holder and not a US citizen yet, if he petitions her now, she will not be able to stay here legally once her visa expires. There's no way to keep her here legally at the moment. However, if they are sure that they will get married and that he will apply for citizenship, then she can decide if she wants to stay after October 11 illegally, and then he applies for citizenship right away. It takes about 5-6 months to become a citizen and she will be illegally here during that time. Once he is a citizen , he can petition her right away and it will forgive all the time that she was illegal.

Good luck to you and I hope this answer has helped you!

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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,986
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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