QUESTION
If my daughter were to marry and file I-130, would her fiance be able to stay in the US after 90 days while forms are processed?
Asked on Aug 30th, 2013 on Immigration - New York
More details to this question:
My daughter is a United States citizen and would like to marry a man from the United Kingdom who is here legally for 90 days. If she were to marry and then file the I-130 form and the form for permanent residency, would he he be able to stay in this country after the 90 days while the forms are being processed?
6 ANSWERS
Adebola O. Asekun
Yes, if your daughter files a Form I-130 petition concurrently with his Form I-485 [green card] application before the expiry of the 90 day VWP period, he can remain in US while his case is pending adjudication. You must however, note that with respect to petitions filed by or at the instance of aliens who entered United States under the Visa Waiver program, there are certain nuances and quirks of immigration law that must be taken into account.
Answered on Sep 03rd, 2013 at 9:48 AM
Immigration Attorney serving Torrance, CA
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Marie Michaud, Attorney At Law
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He could stay in the US until a decision is made. Most cases are processed within 4 months.
Answered on Sep 03rd, 2013 at 9:17 AM
Yes, he could stay. Would be best to wait until 60 days after entry, but file prior to 90 days after entry if he entered on VWP.
Answered on Aug 30th, 2013 at 6:58 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Yes. He can stay here during the process. He should wait 30 to 60 days before getting married. You should consult with an experienced immigration attorney. The timing of the marriage is very important. If done correctly, the entire process only takes about 3 months from start to finish.
Answered on Aug 30th, 2013 at 5:11 PM
Rebecca T White
Assuming a few other details (good faith nature of the marriage, non-immigrant intent when he entered as a visitor), then yes, if they marry and she files the I-130 AND adjustment of status application then he can remain here while the application is pending.
Answered on Aug 30th, 2013 at 5:11 PM
Yes, but she needs to get married and file more than just I 130 form.
Answered on Aug 30th, 2013 at 4:57 PM