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Old Sep 30th 2005, 12:16 am
  #1  
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Default Need Advice/help

I am new here and I am overwhelmed with all the threads so please pardon me if I am asking a similar question as with the others.

I am a US immigrant and would like to marry someone that has an expired working visa. I am not applicable for US Citizenship so I cant file yet. My question is, if i get married, does my husband have to go back to his native country while processing our papers or can he stay in the US and have immunity?

Please help. Thanks!
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Old Sep 30th 2005, 1:01 am
  #2  
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Default Re: Need Advice/help

There's a marriage based forum here which I think will better serve your questions...but I think you have to be a citizen for an overstay to be forgiven if you got married etc, so basically he would have to go back...and it could take a while unless you were married at the time of you getting your greencard.
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Old Sep 30th 2005, 1:05 am
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Default Re: Need Advice/help

Originally Posted by Bob
There's a marriage based forum here which I think will better serve your questions...but I think you have to be a citizen for an overstay to be forgiven if you got married etc, so basically he would have to go back...and it could take a while unless you were married at the time of you getting your greencard.
It takes years for a GC holder to bring in a foreign spouse
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Old Sep 30th 2005, 1:05 am
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Default Re: Need Advice/help

if i get married, does my husband have to go back to his native country while processing our papers
yes.

it will take awhile
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Old Sep 30th 2005, 1:46 am
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Default Re: Need Advice/help

If he wants to stay in the US he has to stay legal. That is all there is to it - he has no other options.

You can, as a permanent resident, file the I-130 for him but expect that to take years, as has been said, though it can be upgraded once you become a citizen.

Adjustment of status, (for him) cannot be filed for at any point while you are a permanent resident.
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Old Sep 30th 2005, 1:47 am
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Default Re: Need Advice/help

Originally Posted by Manc
yes.

it will take awhile
<snort> You are a fountain of knowledge.
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Old Sep 30th 2005, 2:08 am
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Default Re: Need Advice/help

Originally Posted by Leslie66
<snort> You are a fountain of knowledge.
just not as scholarly as lionheart......
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Old Sep 30th 2005, 2:11 am
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Default Re: Need Advice/help

Originally Posted by Manc
just not as scholarly as lionheart......
Perhaps, but you make up for it with sheer sex appeal.
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Old Sep 30th 2005, 2:14 am
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Default Re: Need Advice/help

Originally Posted by Leslie66
Perhaps, but you make up for it with sheer sex appeal.
natch......
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