QUESTION

Can I still be able to get my husband his green card through marriage if he has an expired temporary work visa?

Asked on Feb 02nd, 2017 on Immigration - California
More details to this question:
Would there be complications if he is still legally married in Mexico to another person?
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Immigration Law Attorney serving Atlanta, GA
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Generally a U.S. citizen may petition for a spouse to adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card") if the spouse entered the U.S. lawfully and with inspection, such as with a "temporary work visa." This is true even if the spouse may have overstayed his initial visa. In order for the USCIS to regard the couple as married, one of the requirements is that the spouses were eligible to marry at the time they became married. A person lawfully married to another person is not eligible to become remarried until that first marriage is terminated through divorce, death or annulment.
Answered on Apr 07th, 2017 at 6:56 AM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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if he is legally married to another person he cannot be your husband in the US. He needs to divorce his wife and then marry you. Then if he entered the US legally you can file petition and he can file I-485 to adjust his status to permanent resident. If he entered the US illegally, it will be very complicated and you need to hire an experienced immigration to assist you and him.
Answered on Apr 07th, 2017 at 6:55 AM

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