Do we need to do anything else in order to get U.S citizenship? 2 Answers as of February 21, 2011

I was in the US in January base on a B2 visa, then I got back to Jordan and I will go to marry my Mexican girlfriend during April. My girlfriend lives in Texas, and she had the green card during 2003 then she got divorced during 2004. Last year in 12 August she made the test for the U.S citizenship and she passed it and she made the interview, then on September they send to her the letter of oath ceremony, then her attorney called her and said they delayed it. Then when I was there during the last days of December her attorney called her and asked her did you get the letter of oath ceremony, she said no then he said that he will follow up and up to this moment nothing happened. So does this normally happen in Texas? If I married her in April can I stay in the US after my 1-94 permits expired if they gave me 6 months entry? How long it will take her to have the Oath ceremony and be a U.S citizen? Do you think that they will grant to her the U.S citizenship during the coming months, did anyone before passed the test and the interview then USCIS rejected him or her to have the U.S Citizenship to be a U.S citizen ? Do you think her status will stay till the end of the year? if I got married then I got back to Jordan shall I stay there for 2-3 years after she submit I-130 for me or I can enter the US. Again based on my b2 visa as tourist? I don’t prefer to live in Jordan while she is in Texas for 2-3 years if that happened , please advise me with details what to do because this my situation now. Thank you in advance for the great efforts in this website.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you are married to a U.S. citizen you need only show a legal entry even if your visa has expired. You need to be careful though as the B-2 is a visitor visa and when you enter with this you are telling the Port of Entry officer that you intend to return and not to make the U.S. your home. You cannot enter on a B-2 with the intent to stay. You would have been better to make the decision to stay after your last entry when this was not your plan before entering.

To do it completely properly have your wife file an I-130 now (while LPR) and then when she naturalizes upgrade the case to immediate relative and remain in Jordan until you are called for your consular interview.

If you would like a consultation on the facts of your specific case and a quote on the process, fees, and timing for us to handle your case, feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/21/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
This is question better answered by the attorney. Without knowing the facts of the application, no assumption should be made. However, if you marry her, as green card holder, she is eligible to petition you too and later upgrade your petition after she gets her certificate of citizenship. Strongly recommend you to hire an attorney to prepare your package. You don't want to make any mistake here. Good luck!
Answer Applies to: Florida
Replied: 1/31/2011
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