Getting married only while eb3 current a possible salvation.

[ivor305 0]

Dear friends,

Here a particular case:

I am currently on AOS EB3 ROW (PD February 2007).

For years my girlfriend who lives overseas has try to apply for differentness visas that will allow her to stay, but with no luck.

Now, is my understanding that ones I become current, and if she and I are married before that, we can file an amendment to my file adding her to my case, allowing her to stay here. After that she will have to wait 4-5 years. No way!!

Has anybody, in this immigration universe done something similar or know about it.?

We thank you all in advance.

[ivor305 0]

Anyone:? Please!!

[JimVaPhuong 4,863]

Dear friends,

Here a particular case:

I am currently on AOS EB3 ROW (PD February 2007).

For years my girlfriend who lives overseas has try to apply for differentness visas that will allow her to stay, but with no luck.

Now, is my understanding that ones I become current, and if she and I are married before that, we can file an amendment to my file adding her to my case, allowing her to stay here. After that she will have to wait 4-5 years. No way!!

Has anybody, in this immigration universe done something similar or know about it.?

We thank you all in advance.

If you marry her before your green card is approved, and if she's in the United States with lawful non-immigrant status, then she can submit an adjustment of status application. If she's in the United States, but her non-immigrant status has expired, then she cannot adjust status. Only immediate relatives of US citizens can adjust status after their non-immigrant status has expired.

If you marry her after your green card is approved then you'll need to submit a petition for her, and she'll have to wait just like any other FB2A visa applicant. She won't be able to adjust status.

[ivor305 0]

Thank you Jim,

By with lawful non-immigrant status, you mean lets say a valid tourist visa?

Regards

[grrrrreat 109]

Thank you Jim,

By with lawful non-immigrant status, you mean lets say a valid tourist visa?

Regards

Yes a B1/B2 visitor visa is a nonimmigrant status. But it's illegal to use a nonimmigrant visa to enter the U.S. if her intent is to stay permanently, and if the overseas consulate knows that she is married to someone who is adjusting status, they are more likely to deny the visitor visa.

If she is outside of the United States and you get married before you become a lawful permanent resident, then you need to apply for "follow to join" benefits. If you are eligible for follow to join benefits, they will let her apply for an immigrant visa at the overseas consulate.

As someone else said, if you marry after you become an LPR, she isn't eligible for follow to join benefits.

Edited June 14, 2012 by grrrrreat

[ivor305 0]

Thank you grrrreat, yes i dont hold my H1 anymore since i applied to my I485 back on 2007.

My plan son far is have her come here months before i am current, get married here and then add her to my i485 application.

The only way that she has to come here is with a regular tourist visa.

What's LPR??

Any additional comments grrrreat...

Regards!

[grrrrreat 109]

Thank you grrrreat, yes i dont hold my H1 anymore since i applied to my I485 back on 2007.

My plan son far is have her come here months before i am current, get married here and then add her to my i485 application.

The only way that she has to come here is with a regular tourist visa.

What's LPR??

Any additional comments grrrreat...

Regards!

LPR = lawful permanent resident, which is the goal of filing I-485 to adjust your status. It also means having a Green Card. When I said "B1/B2 visa", I was referring to what you describe as a tourist visa. B1/B2 is the visa for people who are visiting for business or tourism.

Unfortunately, it's illegal for her to use a tourist visa if her intent is to settle permanently in the United States. In fact, to get a B1/B2 visa she will have to submit evidence and declare that she intends to return home. From many parts of the world, this is a very difficult thing to do. If she misrepresents her intent or submits false evidence, she could be barred from the U.S. permanently. In addition, even if she were to come here, CBP may not necessarily provide her with very much time in status. It is in their discretion at the border and if there are doubts about the alien's intent, they may provide only a few weeks of visitor status. As someone else suggested, she will not be able to adjust status at all unless she is lawfully present when the application is submitted.

I believe that you will have to find another way. If you get married before your adjustment is approved, you must research "follow-to-join" benefits. With follow-to-join, a consulate overseas can issue her an immigrant visa, which permits her to come to the U.S. and settle permanently. (Upon entering, she will get LPR status and a Green Card.) If you wait to get married until after your I-485 is approved, you will have to file a petition for her and simply wait for her priority date to become current.

[Gosia & Tito 199]

LPR = lawful permanent resident, which is the goal of filing I-485 to adjust your status. It also means having a Green Card. When I said "B1/B2 visa", I was referring to what you describe as a tourist visa. B1/B2 is the visa for people who are visiting for business or tourism.

Unfortunately, it's illegal for her to use a tourist visa if her intent is to settle permanently in the United States. In fact, to get a B1/B2 visa she will have to submit evidence and declare that she intends to return home. From many parts of the world, this is a very difficult thing to do. If she misrepresents her intent or submits false evidence, she could be barred from the U.S. permanently. In addition, even if she were to come here, CBP may not necessarily provide her with very much time in status. It is in their discretion at the border and if there are doubts about the alien's intent, they may provide only a few weeks of visitor status. As someone else suggested, she will not be able to adjust status at all unless she is lawfully present when the application is submitted.

I believe that you will have to find another way. If you get married before your adjustment is approved, you must research "follow-to-join" benefits. With follow-to-join, a consulate overseas can issue her an immigrant visa, which permits her to come to the U.S. and settle permanently. (Upon entering, she will get LPR status and a Green Card.) If you wait to get married until after your I-485 is approved, you will have to file a petition for her and simply wait for her priority date to become current.

You can still marry before your GC. Nothing stops you to go to her country get marry and then you can amend your petition with follow to join. Or, if she is able to secure a visa, for her to come over, marry and then she returns to her country and the amend of petition goes same. There will still be some wait but less than the other routes.

Unfortunately, the rules are not the friendliest and the volume of petitions causes everyone to wait, and that applies to USC too