QUESTION
Can my boyfriend stay here in the US after September while his I-485 is pending?
Asked on Jul 14th, 2013 on Immigration - California
More details to this question:
I'm a permanent resident, I've found out that F2A visas will be current in August 2013. My bf arrived here last month to visit me and his relatives with a tourist visa. He is allowed to stay here until September. If we marry and then file I-130 petition and an adjustment of status (since there is an available visa number) before his legal status expires, can he then stay here in the US after September while his I-485 is pending?
6 ANSWERS
Generally speaking without further details, no he can not stay here legally after his status expires. There may be other options depending on many factors.
Answered on Jul 25th, 2013 at 1:45 AM
If the visa bulletin will show current priority dates for the f2a category and you are able to get married and submit all the paperwork for the month when it is current, he will be able to remain in the US to await the adjudication of the I-485.
Answered on Jul 25th, 2013 at 1:45 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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When his priority date is current, he can file the I485 application. Ideally, you file this while he is still in status in the US. With that timely filing, he is allowed to remain in the US while the application is pending. Some people do overstay and then file for a green card, however I cannot advise that he does this and if you are considering it, then you must have a consult with a competent immigration attorney to look at consequences.
Answered on Jul 25th, 2013 at 1:45 AM
Civil Litigation Attorney serving New York, NY
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Technically, yes, he could stay in the U.S. until the I-130/I-485 are adjudicated. The problem in this case is two-fold: on the one hand, we don't know whether F2A category will remain current for long (I will not be surprised if a backlog will develop again by the end of the first week of August, and USCIS will stop accepting simultaneous I-130/I-485 filings); on the other hand, if you marry your boyfriend less than 3 months after he entered the U.S. on a tourist visa, USCIS will accuse him of a visa fraud (that he deceived the U.S. consul when he said he was coming to the U.S. without intention to stay here, while intending to marry you) overcoming this presumption of fraud is not impossible, but isn't easy, either. You should find an immigration attorney who would help you see this case through, and discuss with him/her the path you should take.
Answered on Jul 25th, 2013 at 1:45 AM
Adebola O. Asekun
If a visa is available in the F2A category in September, you can concurrently file the I-130 and I-485 adjustment application. As an LPR, you husband, the beneficiary must in legal non-immigrant status when his properly non frivolous adjustment application is filed.
Answered on Jul 25th, 2013 at 1:45 AM
He can stay as long as he applies for adjustment of status while having lawful status.
Answered on Jul 25th, 2013 at 1:45 AM