Cannot process papers yet, please help..

[hunny24 0]

Hello!

I have a friend who just moved in to california with his wife

The guy went here to the US on a tourist visa not knowing that his girlfriend already planned a wedding for them, they've been together for five years anyway and have a 4-year old kid..so they got married after they guy arrived three weeks later..

The WIFE is a green card holder for four years already..she will naturalize to be a US citizen next year..anyway, the HUBBY wants to work badly because the wife is pregnant again but the 4-year old needs to be dropped off and picked up at the school.

My questions are:

1. Can the HUBBY apply for adjustment of status already and stay here even if the WIFE is not a US citizen yet?

2. ANybody who knows what is the waiting time or visa availability for that kind of visa?

3. Other options the HUBBY can do to stay and be with family?

4. Anyway that he can work?

Thanks much in advance for your answers!!!

Happy post-thanksgiving!

[Chris921 13]

If i remember rightly a GC holder can petition for a immediate relative, but not a fiance i could be wrong and sorry if i am

[Deputy Purple 1,294]

If i remember rightly a GC holder can petition for a immediate relative, but not a fiance i could be wrong and sorry if i am

Right but since Visa numbers aren't immediately available for spouse of GC holders the hubby can't AOS as he'd go out of status before his priority date became current and if he left the US to avoid going out of status then the AOS application would be abandoned.

[TeapotGirl 66]

see what happens if people do something without thorough thinking?

How to Get Married on a Tourist Visa

Can I Get Married On a Tourist Visa to a US Citizen?

Edited November 25, 2011 by teapotgurl1983

[milimelo 4,412]

Moving to bringing family members of LPRs forum.

OP, he can't stay past his allowed time on tourist visa and he certainly can't either AOS or even work. Tell the wife to file I-130 now and when she naturalizes she needs to contact NVC to upgrade petition.