Does getting married in America or my home country speed up the process of migration?

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Does getting married in America or my home country speed up the process of migration?

My fiance has been a green card holder for a little over 4 years, we have been together for about 6 years and have a son together who is 4. We would like to get married at this point but don’t know how to proceed with him filing for me, who will be his wife and his son. Also, we don’t know if getting married in our home country Jamaica will speed things up rather than here in America. I came to visit his mom and she’s really sick and suggested we do it here now instead of the original plan which is Jamaica next year July.

Asked on November 11, 2016 under Immigration Law, Nebraska

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If he has been a green card holder for over 4 years, he should be eligible to apply for US citizenship soon if he has satisfied the conditions for applying for naturalization.  If so, then it makes more sense for him to wait until he is a US citizen to file for you and your child.  If you are already in the US now, you can get married now while you are here but it still will not speed up the process of when he can petition for you and your child.  However, if he is close to filing for citizenship, then he should do so as soon as he is eligible.  You can contact me directly if you have additional questions regarding the timing.


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