Green card and marriage
#1
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Joined: Mar 2002
Posts: 2
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
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
#2
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Posts: n/a
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
> 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