Asylum and Permanent Resident

[tennnis123 14]

Hi guys I am asking for a friend. He has been a Permanent Resident (PR) for 7 years and is applying for citizenship in November, in FL this process is taking 18 months. He is engaged to his Venezuelan girlfriend who is under asylum permit, they will get married in August. They want to start a family ASAP but they want to do the immigration process first, as they are both very nervous with all the immigration changes.

 

How long does it takes for a PR to adjust the status of his spouse? Would it be faster if they wait for him to become a citizen and then apply for her AOS? If they wait 18 months (maybe less) for his citizenship will this count towards the 2 years of marriage that they need to skip the conditional green card? 

 

In case is relevant... he got his green card through his first wife. 

[617Haligonian 34]

I believe only US citizens can petition for their spouses to become permanent residents. Permanent Residents can't petition for another Permanent Resident I don't think. 

 

Don't quote me on it but I believe the 2 year condition on the GC is based on how long they have been married. So if they get married tomorrow then finish the AOS process 18 months from now, it would be a 2 year card. If they get married tomorrow and then finish the AOS process 25 months from now, that would be a 10 year card from what I understand. 

 

It may raise some flags for immigration that he got his GC through his first wife. He may have to show that it was a legit marriage that ended for legitimate reasons and that the divorce is complete if he does wait the 18 months to become a citizen then petition for his wife. 

[Just Paul 4,591]

29 minutes ago, tennnis123 said:

How long does it takes for a PR to adjust the status of his spouse?

Current time is about 2 years.

[Boiler 43,425]

Might be quicker to go through Asylum process.