Go Back  British Expats > Living & Moving Abroad > USA
Reload this Page >

Green card and marriage

Green card and marriage

Old Mar 8th 2002, 10:31 am
  #1  
Just Joined
Thread Starter
 
Joined: Mar 2002
Posts: 2
Lil_Lady is an unknown quantity at this point
Default Green card and marriage

My fianee is here on a tourist visa.
I am not a citizen yet, but do have a green card. When we get married, can he get green card? What is the process? What applications will he need?

Thanks
Lil_Lady is offline  
Old Mar 8th 2002, 5:05 pm
  #2  
Alvena Ferreira
Guest
 
Posts: n/a
Default Re: Green card and marriage

Lil_Lady wrote:
    > My fianee is here on a tourist visa. I am not a citizen yet, but do have a green
    > card. When we get married, can he get green card? What is the process? What
    > applications will he need?
    >
He cannot get a green card becaue he cannot adjust status, and he cannot adjust
status because you cannot get an immediately-approved I-130 petition.

Because you are a US resident, your I-130 that you would file with the I-485 for his
adjustment would not be immediately approved, it would have a 5-6 year wait time, due
to current backlogs. (only I-130's for citizens get immediate approval). The problem
is, he cannot file I-485 until he has an approved (or presumed approved if you are a
citizen) I-130. He would have to have some other visa status to maintain legal status
in the US. Your best option is probably to wait until you get citizenship and then
either file spouse petition for him, or wait and don't marry now and file fiance visa
for him. He needs to leave the US before he is 180 days out of status, by the way,
due to the fact that a 3-year ban kicks in at that time. Reference this URL:
http://www.ins.usdoj.gov/graphics/ho...ligibility.htm Alvena

See the Doc Steen site here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and this
is not immigration advice. The information I provide is mostly gleaned from old
newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
http://www.aila.org
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.