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green card or visa  

2 members have voted

  1. 1. Do you think I need to apply for a green card or a visa

    • green card
    • visa.. which one?

6 posts in this topic

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Here is my situation. 5 years ago I got married to an american. We were living abroad for 5 years and now we would like to stay in the States. We have 3 kids who are all americans but I am here with an ESTA visa as a tourist.I only have 2 months left before my Esta is up... 

What should i do? apply for a visa or directly a green card?  While I wait for my green card should I just apply for a visa? would a visa be enough to stay and maybe work? What do you think is the best solution?


Thank you

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No visa will work for what you want.  You can stay in the US and apply for permanent residency through Adjustment of Status... just be aware of the process and its implications on work and travel. .... until you obtain an Employment Authorization Document you cannot work.... until you receive the Advanced Parole card you won't be able to return to the US if you leave and will be considered as having abandoned your petition if  you do. EAD and AP will take about 4 months from applying and the Green Card will be 12 to 18 months. Alternatively, return overseas, have your spouse petition for a spouse visa, processing is 12 months or do, but you can work and travel as soon as you enter the US with the visa 

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What kind of visa are you talking about applying for? Since you're in the US and married to a US citizen you can adjust status to apply for a greencard. If you overstay on your visa, it will be automatically forgiven since you are married to a US citizen.  I was just curious as to what kind of visa you're referring to. 

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