What do I need to do to apply for a Green Card? 18 Answers as of November 17, 2011

I suggest you speak with a qualified Immigration Attorney because their may be immigrant intent issues depending on the method of your entry. In other words, if you came in for the purpose of a visit/tourism but then quickly married a USC, it may appear that your intention was not to visit. It would have been advisable to consult with an attorney before your last entry to determine if a K-1 fiance visa may have been an option. Nonetheless, I would strongly suggest you hire a very good immigration attorney for your process.

You entered from Canada as a visitor and married your husband just one month later. From that, an immigration officer could infer that you had immigrant intent when you entered. A visitor is supposed to have non-immigrant intent. If you stay in the U.S. and you and your husband do your papers here, you may need to do an extra application called a "waiver of inadmissibility" and prove that it would cause your husband "extreme hardship" if you were not allowed to stay. Waivers are hard to get. There is another "cleaner" way to go: Your husband files an I-130 petition for you with Immigration (CIS). Before your six months is up, you go back to Canada and wait for your immigrant visa there. Once the I-130 petition is approved, the petition is sent to the National Visa Center (NVC) in New Hampshire (part of the State Department, a different agency) and they issue instructions about visa processing. Once all necessary fees and documents have been submitted, you are scheduled for an immigrant visa appointment in Montreal. After the visa is approved, you enter the U.S. as an immigrant and get your green card in the mail a few weeks later. The first way is faster but riskier. The second way is a bit slower but less risky.

Provided you have a valid marital relationship, you are eligible to apply for permanent residence status in the US. You should contact a qualified immigration law attorney to discuss the procedure.

You should definitely consult with an immigration attorney. Misrepresentation regarding your intent on entry is a ground of inadmissibility that could prevent you from getting your permanent residence. If you entered the U.S. with a preconceived intent to get married and apply for permanent residence and committed any sort of misrepresentation at entry, that could cause very serious problems with regard to processing your permanent residence. There is a difference between preconceived intent and misrepresentation, and you will need an immigration attorney to review the nature and circumstances of your intent on entry and anything that was done or said to advise you whether you are able to file from within the U.S. or whether it is safer to proceed back to Canada to process your paperwork.

Typically, the U.S. citizen spouse files an immigrant visa petition and the alien files an application to adjust their status. I would need some additional information regarding your case to determine how this should best be handled. Based upon the information you have provided thus far, you should consider returning to Canada and processing through the U.S. Embassy/Consulate. The reason is that you may have an issue with immigrant intent. Any valid entry can be considered null and void if you are found to have intended to immigrate on entry using a non-immigrant visa. This will result in a period of separation, but in the end may insure you receive lawful permanent residence.

So long as there was no misrepresentation when you crossed into the US, you can have your status adjusted. The proper paperwork can be filed along with the sponsorship application that your spouse filed. In addition, you may want to file for Employment Authorization and Advance Parole (to be able to travel without abandoning your application).

Your husband needs to file a petition for you as an alien relative to adjust your status to lawful permanent resident (greencard holder) with USCIS.

You may be eligible to apply for a green card through your marriage but should consult with an experienced immigration attorney before you take any steps.

As long as you have proof of lawful entry, he can petition you and you do not have to leave. He has to file an I-130 petition (family petition) in conjunction with an I-485 (adjustment form). The process is about 6 months and you can get a work authorization in 2 months.

You should be okay. You and husband need to file I-130, I-485 and I-765.