How can I apply for my green card after marriage? 2 Answers as of April 01, 2011

I am a h2b visa and out of status now, my fiance is planning to marry me to be legalize here in US, how can I get or apply for my green card after the marriage?

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Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
On the provision your fiance is a U.S. citizen once he marries you, you then file I-130 and I-485 to obtain your conditional green card.
Answer Applies to: Florida
Replied: 4/1/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Obtaining permanent residences (generally called a "Green Card") through a family member involves two steps. First, being petitioned by your family member. Second, applying for adjustment of status (if in the U.S. and eligible) or immigrant visa processing at the U.S. consulate in your home country. Not everyone is eligible to file for adjustment of status. Generally, a person must have legally entered the U.S., was admitted and inspected and is legal status to file adjustment. The two major exceptions are for spouses, parents and minor children of U.S. Citizen can be out of legal status and still adjust; and applicant's protected under INA Section 245(i) can also adjust. Since you entered the U.S. on an H2B visa you were admitted and inspected and are eligible to adjust your status if marrying a U.S. Citizen.
Answer Applies to: California
Replied: 4/1/2011
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