QUESTION
Can I file a spouse visa even though I am just a green card holder before his J1 visa expires?
Asked on Nov 26th, 2014 on Immigration - New Jersey
More details to this question:
My boyfriend and I got engaged before I went here at the US. My boyfriend is here at the USA but with a J1 visa. We are planning to get married here in the USA. Is it legal? What will be our status after marriage? What will be possible options for us to be living together legally in the USA? Thank you.
2 ANSWERS
You can get married, it is legal. Your spouse will either have to maintain legal status up until his adjustment of status application is granted or has to apply for an immigrant visa overseas when the priority date becomes current.
Answered on Dec 01st, 2014 at 5:59 AM
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Yes you can get married in the USA. Only you will be filing the petition on the basis of a green card holder's permanent status, as the petitioner, for the spouse with the J1, and wait for the visa to be available for adjustment of status. Until the visa is available, he will be on his own visa.
Answered on Dec 01st, 2014 at 5:54 AM