Going to marry almost due green card lady

[mrjets 0]

Hi,

Me(us citizen) and my gf(current greencard holder) wants to get married. She has a green card but her green card is going to expire in a month. Does it require by law that she goes back to China to apply for K-1 or, should we just get married like now? cuz i know it only takes 1-5 days to get the marriage approve. But then how is she going to be able to stay and live in the states before she get her green card renew? Is there an form for this change? from a normal green card to a married spouse green card? thank you so much for reading this thread, and plz do not hesitate to give me any advice on this. Thank you.

yours,

mr jets

[payxibka 10,045]

Is this the 2 yr conditional greencard or the more permanent 10 yr card?

[motu 5]

Since she is already here on a permanent residence - you could get married and file for AOS (Adjustment of Status) - Once applied for AOS - it should extend her greencard till approved. As someone else said - it's not clear if she has a 2 year greencard or not but I assume it is -else she could have just filed for citizenship. Was the greencard from a K1 to another US citizen? If yes then there could be more complications - perhaps you may need to talk to an immigration attorney or post more details of her greencard status - how she came by it etc. - More knowledgeable VJers will be able to help you then, Good Luck

[payxibka 10,045]

Since she is already here on a permanent residence - you could get married and file for AOS (Adjustment of Status) -

Once applied for AOS - it should extend her greencard till approved. As someone else said - it's not clear if she has a 2 year greencard or not but I assume it is -else she could have just filed for citizenship. Was the greencard from a K1 to another US citizen? If yes then there could be more complications - perhaps you may need to talk to an immigration attorney or post more details of her greencard status - how she came by it etc. - More knowledgeable VJers will be able to help you then, Good Luck

Edits to above for innacuracies

If you have a greencard that means you have already previously filed for AOS. If it is the two year GC, then "lifting of conditions" may need to be done. Whether that application would be sucessful is not known as we are missing many facts.

Just by having a permanent greencard does not automatically qualify you to apply for citizenship

Edited October 5, 2007 by fwaguy

[YuAndDan 153]

Since she is already here on a permanent residence - you could get married and file for AOS (Adjustment of Status) - Once applied for AOS - it should extend her greencard till approved. As someone else said - it's not clear if she has a 2 year greencard or not but I assume it is -else she could have just filed for citizenship. Was the greencard from a K1 to another US citizen? If yes then there could be more complications - perhaps you may need to talk to an immigration attorney or post more details of her greencard status - how she came by it etc. - More knowledgeable VJers will be able to help you then, Good Luck

MOTU?? No AOS from a green-card, the LPR has already done that.

If the person got the Green-card through a marriage, but has divorced, the LPR needs to:

• File to lift conditions on that card if it is a conditional one, LPR can file a waiver of the I-751 joint filling requirement, due to the divorce. (READ THE DIRECTIONS WITH FORM I-751)
• If the card is an un-conditional 10 year card, the LPR needs to file I-90 to renew the card. (CAN BE DONE ON-LINE)

In either case the LPR does not need to leave the country, you can just get married.

One last NOTE: You may want to Join "A Candle for Love" that site deals with China immigrations issues. http://candleforlove.com

Edited October 5, 2007 by YuAndDan

[pushbrk 12,824]

Since she is already here on a permanent residence - you could get married and file for AOS (Adjustment of Status) -

Once applied for AOS - it should extend her greencard till approved. As someone else said - it's not clear if she has a 2 year greencard or not but I assume it is -else she could have just filed for citizenship. Was the greencard from a K1 to another US citizen? If yes then there could be more complications - perhaps you may need to talk to an immigration attorney or post more details of her greencard status - how she came by it etc. - More knowledgeable VJers will be able to help you then, Good Luck

Edits to above for innacuracies

If you have a greencard that means you have already file AOS. If it is the two year GC then lifting of conditions may need to be done.

Just by having a permanent greencard does not automatically qualify you for applying for citizenship

If it's a two-year green card, she needs to file to remove conditions. If a ten year green card, just renew it. No need for a legal permanent resident of the US to leave and get a visa.

I should add that your marriage has really nothing to do with your fiancee's immigration status at this point.

Edited October 5, 2007 by pushbrk