Can I apply for a green card if marry a Cuban permanent resident that came with a visa and not in a boat?

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Can I apply for a green card if marry a Cuban permanent resident that came with a visa and not in a boat?

My fiance came from Cuba with a visa 3 years ago. She is a permanent resident but not a US citizen yet. We are planing to get married in 10 months but what I want to know is that do I have to wait until she becomes a US Citizen to get married? Keep in mind that she didn’t come in a boat. She won the visa lottery in Cuba.

Asked on February 22, 2012 under Immigration Law, New Jersey

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can get married at any time and do not need to wait until she becomes a US citizen.  She will be eligible to apply for US citizenship on her own  anyway so it does not matter whether you get married or not for purposes of her citizenship.


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