QUESTION
If a B1B2 marries a green card holder after spending 4 months in US,can he stay in U.S while his application for greencard is under process or not?
Asked on Sep 24th, 2013 on Immigration - Missouri
More details to this question:
I m a greencard holder and i will be eligible for citizenship in july 2015. i met a guy who is a doctor and is on visit visa in US to do his observership in hospitals for his residency program.he has already spent 4 months is U.S and his I 94 will expire on 15th nov 2013.We want to get married but i want to make sure if it is legal to marry a person who is in U.S on visit visa after he has spent 4 months in US and secondly please also tell me can he stay in U.S if i file greencard application for him or he has to go back until his application is under process? how much time will it take to get him a work permit if i apply for him?
1 ANSWER
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Hello. If your fiance did not hold a J1 visa with a 2 year home residency requirement, it may be possible. However, you MUST get this filed in 1 week. The category for marriage to a Lawful Resident (green card) is current for the month of September. Thus, he can file for his green card now. However, it will get backlogged and delayed. If the case is filed in September, he can stay while it is pending and get the right to work and travel in 3 months. Although you have 7 days, our office could file and get it done if this is possible on your end. You can call or email to help if you wish: 858-874-0711 harun@ksvisalaw.com
Answered on Sep 24th, 2013 at 2:49 PM