Legal Question in Immigration Law in California

marriage to a permanent resident

I am a Permanent Resident (Green Card).

I have 2 questions.

If I get married to a person on a H1-B Visa, what kind of status can she be converted to? Can she get a green card through the marriage. Would she have to leave the country or can she continue to keep her job? This is a real relationship and we have been dating for over 2 years, however, she is fearful of a layoff and we are wondering what our options are.

Next question... kind of early to ask this question, however, when my green card expires in 2008, what are my options? Do I have to make a decision at that point on taking up US citizenship?

Thank you very much for your time and attention.

Asked on 11/16/04, 9:48 pm

1 Answer from Attorneys

Sergei Shevchenko Barshev, P.C., a Law Corporation

Re: marriage to a permanent resident

1. No automatic conversion. You can file an immigrant relative petition which confer benefit upon your spouse only in a number of years. No immediate relief.

2. Your "greencard" may expire but not your status. You would need renew it to avoid problems while travelling or for employment purposes.

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Answered on 11/18/04, 7:57 pm

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