The Love Scout

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I better Idea will be for him to get the Citizenship before getting married to you, that way your I-130 Application will be approved immediately as being married to an American Citizen.

So ask him to get his citizenship ASAP.

Then Get married and apply for your status change Forms you will need:

1. I-130
2. G-325 (Multiple Copies)
3. Birth Certificates (Multiple Copies)
4. Marriage Certificate (Multiple Copies)
5. I-485

Send an e-mail to :
if you need more detailed help.

Good Luck!

BTW: Simasu is completly wrong in his/her answer, a greencard holder can marry anyone and apply for their green card as well, but the wait time will be like 3 to 4 years before you will get approved for Green Card, that is why the best option is to ask him to get citizenship, being the election year all citizenship applications are approved at a faster rate.

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Does he have Japanese or any other citizenship still? As far as I know he needs to file for you and show that he your financial support, until you have obtained a permanent green card. First you’ll be issued a conditionally one, which last 2 years. Than you need to file for a permanent one.
I guess he could file for citizenship already, but i am not sure if that would interfere with his petition for you. It would be better iof he first files to becomes a USC, it will things make go way faster.
What I would suggest is that he makes an infopass appointment with his local USCIS office, they can be made through their website.
They will be able to explain you in details where he needs to file for. Check the website below for the infopass.

Good luck.

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cant get a greencard unless you marry an american. if he has a green card it doesnt mean anything.

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Currently they are processing Oct 2002. Since your boyfriend is only a green card holder and not a USC he can only petition for you after you get married and you have to wait for a visa number to become available. Whereas if he takes the test and tries to become a USC, then he will be able to petition for you after marriage or as a fiancee and you will not have to wait the ungodly amount of time for a visa to be available to you.

Link to website that can help with all questions

Link to the site for citizenship testing and procedures

Good luck

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The others have answered you well. Your best choice is to have him obtain citizenship first and then have him apply for your permanent residence.

If you do it before he becomes a citizen, the typical wait time can be 3 to 5 years or more. If you file your application after he has his citizenship, the permanent residence will take 1 to 2 years, depending on where you live and where you need to file.

You can check out all the forms at the CIS website. I would recommend at a minimum the following:

I-130 Petition of change of status (to change your student visa) (90 days or less for approval)
I-485 Application for permanent residence (green card)
NOTE: The initial card will only be good for two years if it is applied through marriage. You will need to file an I-751 90 days before the 2cd anniversary of issue date or you will need to redo the whole process!!! (1 to 5 years or more, see above)
I-131 Application for travel document (will allow you to travel outside of the US for one year after you file the I-485 in case you need to go home for an emergency) (usually 90 days or less for approval)
I-765 Application for Employment Authorization (will allow you to work before you receive your I-485 and get a social security number) (usually 90 days or less for approval)

You will need to check the forms to see what other documentation you will need to provide. A certified birth certificate is one you will definitely need, so if you don’t have one you will need to order one.

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Well, there is another possibility that no one has yet suggested. Try to get petitioned under the H1b work visa program. If you can find a position with a US employer that is willing to file the paperwork, you would be able to live in the US for up to 6 years while waiting for your husband’s petition for you to become current.

Basically, what is being suggested here is to try to find other ways to stay here legally, while waiting for immigration to catch up with your paperwork. If you decided to go to graduate school, that might be another means of staying legally while you wait.

If you marry, I would recommend that your husband file immediately, even though he is currently a legal permanent resident. While the wait for that is long, currently 5 years and petitions filed by US citizens for spouses are good immediately,. the reality isn’t nearly so simple. For one thing, if your husband filed immediately and later became a citizen while you were waiting for your petition to become current, or valid for immigration purposes, the 2nd preference F-21 immigrant visa petition would be upgraded to the immediate relative IR-1 petition. And that would be valid for processing immediately. He would have to inform USCIS of his naturalization and the fact that he has a petition filed for you because they won’t look unless you tell them they need to. While you could wait until your husband became a US citizen before he filed for you, even though that petition would be valid for immigration immediately after it was approved, it could take 6-8 months to wait for that approval after filing it.

Looks like you have a little time, use it. Consider talking to an immigration lawyer to explore your possibilities and work out the best plan for the 2 of you.