QUESTION

If my boyfriend is a green card holder, how can he petition me to go to the US?

Asked on Sep 16th, 2013 on Immigration - California
More details to this question:
My boyfriend was married to his wife back the. She abandoned him about 25 years ago. We had a child. He is a green card holder and he want me to follow in the US, what should I do? What petition do I need so that I can follow him?
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7 ANSWERS

He can only petition for you if you are officially and legally his wife. He can only legally marry you if his previous marriage is terminated, through death or divorce.
Answered on Sep 19th, 2013 at 3:48 AM

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Immigration and Naturalization Attorney serving Tupelo, MS
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He needs to legally divorce his wife first before filing any petition for you.
Answered on Sep 18th, 2013 at 8:53 AM

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Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
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Make sure he files for divorce and then you can marry. He has to file an I130 petition.
Answered on Sep 18th, 2013 at 5:14 AM

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No, your boyfriend can't petition for you. You would need to be married first.
Answered on Sep 18th, 2013 at 5:10 AM

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Business/ Commercial Attorney serving Bellevue, WA at Lana Kurilova Rich PLLC
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If I understood you correctly, you two are planning on getting married, right? If not, you may disregard the remainder of my reply because there is nothing he can do to get you an immigrant visa. If you two want to get married, you two have two options: 1. He would have to travel to your home country, marry you there, and then he could petition for you and your child. 2. Alternatively, if he qualifies and wishes to become a US citizen, he could invite you as his fiance after he becomes a US citizen. (Being a green card holder, he cannot bring in a fiance, unfortunately, so option #1 is not available to him right now). Important: Regardless of what you two decide to do, he must obtain a divorce decree from his first marriage. If his wife abandoned him but divorce was never filed, he is still legally married to her and cannot marry you under either of these scenarios. So it is important that he gets his divorce. It should not be a problem though, since the wife left him such a long time ago, but he would have to go through the steps to get that divorce decree before he can think of marrying you.
Answered on Sep 18th, 2013 at 5:00 AM

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Immigration and Naturalization Attorney serving San Diego, CA
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First he needs to make sure he has a legal divorce from his first wife. Then if you are married, he can file an I-130 to start the process to bring you here.
Answered on Sep 18th, 2013 at 4:55 AM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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You will need to marry him before he can file an immigrant visa petition for you. make sure he is in single status.
Answered on Sep 18th, 2013 at 4:54 AM

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