Getting Married to US GC Holder

[abcd1234]

Hello :)

I am an Indian citizen living in India right now. I am getting married to a girl in US. She has her GC for past 55 months. I have few questions:

1> Shall we get married prior to her citizenship?

2> When she will be able to file for her citizenship and how long will it take her to be citizen?

3> If we get married now prior to her citizenship or after her citizenship -- what would be the process for my getting the GC or visa to accompany her to USA?

4> Any advise or useful tips from experienced would be helpful.

Thanks
Amit

[chicagoboy3]

I am not a lawyer so please take my responses with caution.

1. Doesn't matter. If you get married after her citizenship, you are better off because you can get a fiance visa quickly (a month I believe) and then come to the US to get married. If you get married before she gets her citizenship, you will have to wait till she gets her citizenship and then get a spouse visa but that will take about 3 to 4 months after citizenship or greencard which may take longer.

2. She can file citizenship after 4 years and 9 months of continous presence in the country. She should not have been out of the country for more than 6 months at a time since she got her greencard.

3. Before citizenship - file I-130, wait for her to become citizen and then appply for K3 (spouse) visa or directly for greencard.
After citizenship - apply directly for K1 (fiance) visa and then come to the US and get married.

4. Talk to an immigration lawyer. This stuff is pretty complicated and trust me you don't want to do all this on your own.