From: eysg6676@uxa.cso.uiuc.edu (Ernesto Yi-Hsin Su)
Subject: Summary: answers to questions about PR through MARRIAGE
Organization: University of Illinois at Urbana
Date: Mon, 11 Jan 1993 11:35:19 GMT

Thanks to all the folks who responded to my questions.
Here is a summary as many requested.

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From cahuja@twerp.ease.arco.com Wed Dec 30 16:08:22 1992

|> 1a. How long does it take (approx.) for a US citizen's spouse to obtain
|>     PR (green card)?
|>
3 - 6 months depends on paper crawl speed

|> 1b. How long for a spouse of a PR to obtain PR?
|>
2 - 3 yrs depends on when you enter the queue...join Professionals for Spouse
Reunification (PSR) (call 408-241-6146 for more info) who are working on
getting legislation passed to make this wait less painful...

|> 2a. If a US citizen marries a foreign student in the US, and if this
|>     foreign student's visa expires before he/she gets a green card,
|>     is he/she required to return to the home country before a green card
|>     is issued?
Yes (i think)

|>
|> 2b. Same as question 2a, but change "US citizen" to "US PR".
|>
Yes (i think)

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From ktong@shannon.Jpl.Nasa.Gov Wed Dec 30 17:47:56 1992

>1a. How long does it take (approx.) for a US citizen's spouse to obtain
>    PR (green card)?

        If the non us-citizen spouse is physically in the US, it will
        take from 3 months to a year once the application is submitted.
        The length of time is dependent on how busy the INS office is.


>1b. How long for a spouse of a PR to obtain PR?

>2a. If a US citizen marries a foreign student in the US, and if this
>    foreign student's visa expires before he/she gets a green card,
>    is he/she required to return to the home country before a green card
>    is issued?

        No.

>2b. Same as question 2a, but change "US citizen" to "US PR".

        Don't know.

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From shankar@boris.wpd.sgi.com Wed Dec 30 15:02:38 1992

> 1a. How long does it take (approx.) for a US citizen's spouse to obtain
>     PR (green card)?  

Approx 3-4 months. It comes under the 1st preference, which is
quota-less and is always current, so the only delay is the time to
process the paperwork.

The components:

  - processing time at INS (usually approx 2 months, maybe 1-3).

  - If the spouse is in the US, then add 1-2 months to arrange an
    interview.

  - If the spouse is not in the US:
    + time for INS to get the paperwork to the consulate abroad (~1 month), and
    + time to arrange an interview (1-6 months).

The last part is really variable, but on an average, it takes 3-4
months total.

> 1b. How long for a spouse of a PR to obtain PR?

More than 2.5 years in the "World" category (and also for China). Don't
know about Hong Kong. Mexico, Philippines and the Dominican Republic
are even longer.

> 2a. If a US citizen marries a foreign student in the US, and if this
>     foreign student's visa expires before he/she gets a green card,
>     is he/she required to return to the home country before a green card
>     is issued?

No. Once the paperwork has been filed with the INS, the person is
legally allowed to stay until the petition is completely disposed of.

However, if the person leaves the country after the petition has been
filed, he/she may not be able to come back until the PR visa is
granted.

Since she will have to apply for a temporary visa, and if she reveals
(as she *must*) that she's applied for a PR, she will almost certainly
be refused.  Guaranteed.

> 2b. Same as question 2a, but change "US citizen" to "US PR".

Yes. The same answer as above.  However, in this case, the "time to
dispose of the petition" can run upto 2.5 or more years, during which
time this person cannot work anywhere, or leave the country.

Of course, if the applicant also applies for an H1 in the meantime
(which may be refused if you have already filed the PR petition, since
you cannot prove non-intent to immigrate), then he/she can work. A
very slim possibility, at best.

As always, consult an immigration attorney for better answers. Fees
for just consultation are usually pretty nominal ($100-$200, maybe).
If you want the lawyer to handle all the paperwork, it may run to a
bit more.
--
Shankar Unni				E-Mail:	shankar@sgi.com
Silicon Graphics Inc.			Phone:	+1-415-390-2072

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From yuri@amath.washington.edu Sun Jan  3 15:32:18 1993

1) if US citizen applied for PR before date of expiration of student visa, 
   it's legal to stay here in US till he or she will get at least answer or 
   at last PR - I know it for sure from lawers.
2) But I don't know, how long will take me to get all results? 

Yuri

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From vagarwal@shearson.com Mon Jan  4 11:31:19 1993

1a. (1 to 3 months)
1b. (1 to 3 years)
2a. (Determined on case by case basis; if Worked without VISA - return to home possible)
2b. (Same as in 2a.)

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Again, THANKS to all who contributed.

	-Ernesto	ernesto@crhc.uiuc.edu
Newsgroups: alt.visa.us