How long after my brother marries someone on a tourist visa before she will become a legal resident? 6 Answers as of January 31, 2011

My brother-in-law is planning on getting married to his son's mom who is here with a tourist visa. Her visa expires in November 2011. How long after they get married is the process for her to become legal to stay and be able to work in the US? He was told it only takes four months. Also, what are the requirements for her to remain legal? Is there is certain amount of time they have to be living together, share accounts together, etc.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If she is here legally they can file immediately for permanent residency. After filing she will be fingerprinted and issued a work card and travel permit. Approximately 3-4 months in most areas now they will be scheduled for an interview. If all goes well at the interview her permanent residency will be approved. It should be a good faith marriage and not one just to assist her in getting permanent residency. If married less than 2 years when the PR card is approved it will be a conditional permanent residency (2 year PR card). After 1 year and 9 months they will need to jointly petition to remove conditions and demonstrate again that their marriage is in good faith. There are limited exceptions to the joint filing requirement at the end of the two year period and they require a strong showing that the marriage was done for the right reasons and not just to help get a green card.
Answer Applies to: California
Replied: 1/31/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
If his fiance entered the US legally, she may adjust her status in the US. Please see an immigration immediately.
Answer Applies to: Texas
Replied: 1/24/2011
Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
If he lives in Florida and marries his USC wife , the process to obtain a green card normally takes 6 months.
Answer Applies to: Florida
Replied: 1/24/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Two years.
Answer Applies to: Tennessee
Replied: 1/24/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
First, why is your brother-in-law not doing his own investigation? Is he a US citizen or a resident alien?

It is best to apply for the foreign spouse's green card as soon as possible after the wedding. There is no minimum time required. Technically, as soon as she gets married, she is no longer a tourist, so she should not be staying here on her tourist visa.
Answer Applies to: Washington
Replied: 1/24/2011
    Javia & Moore
    Javia & Moore | Marisa-Andrea Moore
    This depends upon a number of factors such as your brother-in-law's immigration status. I recommend consulting with an immigration attorney.
    Answer Applies to: California
    Replied: 1/24/2011
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