Question:
I'm a Canadian citizen. I do not have a green card and I am not a US
citizen. Can someone tell me if I could obtain a green card if I
married another Canadian with a green card? Or would I have to wait
until she eventually got her American citizenship? Would I be able to
work in the US if I married a green card holder?
Answer:
She can file for you a GC holder, it is just a lot quicker for US
Citizens.
You would be able to work once you have gone through whichever route to
immigrate was best suited to your circumstances.
Yes, you can get a GC... but you should be prepared to wait about 8 - 12
years. There is a visa quota for GC holders that does not exist for US
citizens and there are many, many people ahead of you in line. As Boiler
says, it's a lot quicker for USCs. As for work, you can apply for
employement authorization at the same time that you file to adjust your
status... but again, you're in for a wait.
Please note just so that there is no confusion that I don't think
you can do this is you file for AOS based on marriage to a green
card holder. You can I know for sure if you are filing based on
marriage to a USC.
I believe you're right, Rete. This is one of the reasons why a lot of
GC holders who want to bring spouses to the US just wait until they can
apply for citizenship before starting the petition process.
It sucks, a lot, but that's just the way it goes...
Correct. The green card holder can file an I130 for you, but the wait
for a visa number on those is very long. Employment authorization can
only be applied for along with I485 in this case, not with I130 alone or
while the I130 is pending by itself.
I was under the impression that a person could file both the I-765 and
the I-485 concurrently even if the spouse is a PR and not a USC. If I'm
mistaken, then I apologize for the confusion.
They can't file the I-485 at the same time. There is no basis for the
adjudication of the I-485 for a spouse of a PR until the I-130 has been
approved. Without the I-485 pending, they are not eligible to file the
I-765 for work authorization. One of the quirks of being a PR with a
spouse without a green card.
A USC can concurrently file the I-130 and I-485 because there is a
visa immediately available to their spouses. Unfortunately, not so
for the PR.
Hmm. Can't you just get a TN as a Canadian citizen and live/work in the US
that way for up to several years?
