If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

Q - I have a permanent resident card (green card), since 2000.

I got it based on being married to a US citizen (since 1998). It needs to be renewed in 2010. My question is, if we would get a divorce, could I still apply for US citizenship and/or renew my permanent resident card in 2010?  

A - Your citizenship application should be unaffected by a divorce. You would lose your eligibility to naturalize after three years instead of five years, but since you have had the green card for six years anyway, this is irrelevant. And your green card is unconditional since it was granted for the normal ten year period. That means extending the green card should not be problematic. My one assumption here is that you have been maintaining your residence in the US (i.e. you have not spent long periods of time outside the US ).  

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Q - How do I find the latest TPS designation for Honduras ?  

A - You can find the information you seek and a lot of other TPS information at http://www.uscis.gov/graphics/services/tps_inter.htm. [Editor’s note - The USCIS has just rolled out a new web site in the last few days and some of the links have been moved.]  

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Q - I have a question on H-4 visa. I am a new H1-B visa holder and I am planning to get married by next year. Can my fiancée come to the U.S with her current tourist visa and have a court marriage in the U.S. or we need to be lawfully marriage in our home country before my future wife can apply for H-4?  

A - If your fiancé can get a visitor visa, it is possible to switch to H-4 status once here and married. Sometimes getting a visitor visa is difficult because of the requirement to show non-immigrant intent. That's not required for H-4 visas and your fiancé has problems with the visitor visa, you may need to marry outside the US and then seek the H-4 at the consulate.  

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Q - My family has just got immigrant visas, but one of my daughters who has turned 24 years has not got the visa. The National Visa Center has converted her status as F-1 (Unmarried son/daughter over 21). My question is that if she gets married,  can I convert her status as married son/daughter over 21 of US citizen keeping the same priority date?  

A - The priority date can be maintained if you are in the F-1 family category (adult single child of US citizen) and then marry. The petition automatically converts to the F-3 category (adult married child of US citizen).  

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Q - I met my fiancé in China , and I'm planning to go back to US by end of this year, but I'm debating is we should get married here or in the States. Would you please give me an approximation of time duration for applying K1 visa for fiancé and K3 visa for spouse? Which one is faster in term of processing time?  

A - The K-1 and K-3 take approximately the same length of time. The main difference is you need an I-130 receipt to apply for the K-3 which adds a couple of weeks to the process. Otherwise, the two are handled in the same way by USCIS and the consulates.