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Help! Green card holder marry student bf

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  • Help! Green card holder marry student bf

    I'm a green card holder and still have to wait another 4-5 years for citizenship... My bf is an international student and his OPT(working permit) is expiring this month! If I marry him, he won't be able to work? Please advise what to do!
    Thank you

  • #2
    I'm a green card holder and still have to wait another 4-5 years for citizenship... My bf is an international student and his OPT(working permit) is expiring this month! If I marry him, he won't be able to work? Please advise what to do!
    Thank you

    Comment


    • #3
      Unfortunately, no. He won't be able to file for AOS (and getting the necessary EAD to continue working) until his priority date becomes current. That priority date is currently February 22, 2002.

      Comment


      • #4
        What do you mean by priority date?

        Comment


        • #5
          What other ways for my bf to stay in U.S. and work if marriage is not the option?

          Comment


          • #6
            Let him try H1 visa, or ask his employers to file for him

            Goodluck

            Comment


            • #7
              Helen,

              Where is your bor friend mother or father? If the answer is no, I think you should take Nthpole's advice. You should go ahead and marry him regardless if you love him and file a the relative petition application right away to atleast get him in line to ultimately acquire a green card. The sooner you file the quicker he get through. If he is not able to get the H1B visa I would suggest he return home and wait there for his green card. It is extremely important that he does not fall out of status because it will create all kind of problems for him.

              Comment


              • #8
                Helen,

                Correction to first sentence in responce:

                Is your boyfriend mother or father living in the US?

                Comment


                • #9
                  One thing I would consider caution is the fact of filing a I-130 will established intent to immigrate to US. If this person can't find another way to legally stay in the US and have to go back home, they might encounter difficulties securing a tourist visa to come visit you in the future.

                  Since they're not processing I-130 until the priority dates become current, wouldn't it be better to wait until you got your USC first before doing so? The wait time is pretty similar anyway.

                  Comment


                  • #10
                    Marmaduk,

                    You would prefer he stays here illegally? He will have a 5- 6 years wait before Helen becomes a citizen and thats a mighty long time to be living in the shadow. I accept what you say that if he shows an intent to reside in the States he will have difficulty getting a visitor visa. He could however return home, apply for the visitor visa and then get married and file the I 130 application. Based on what I have been reading, if any of the pending Senatorial immigration reforming bill were to be adopted, the wait time for greencard will be significantly reduce.

                    In any event my point was that he should try at all cost to remain in legal status, it open his options immensely. Remember this guy is qualified and thus has the ability to get a H1 B visa and ultimately be sponsored for his greencard through a job sponsor, this might not happen right away but it could happen eventually but he has to maintian legal status. If he falls out of status absent an amnesty only a USC spouse can help him stay in this country.

                    Comment


                    • #11
                      Flexx, where did I suggest he stayed here illegally?? What I'm simply saying is if he can't maintain legal status and have to go home, having a I-130 could cause problem if he tried to apply for tourist visa (due to the immigration intent part).
                      Getting a tourist visa before applying for the I-130 won't provide much relief either, once the CBP officer discover there's a pending I-130 filed on his behalf. They might revoke his visa @ POE. That might be a bit extreme, but it has happened.

                      Hence, if that was the case, wouldn't it better to wait until the OP gain USC first. Afterall, the I-130 processing times for category 2A is @ 4 years. Just about the same time before OP gain USC status.

                      And getting a H1-B visa is not as easy as it used to be. Many company won't sponsor for H1. It all depends on his area of expertise.

                      Comment


                      • #12
                        Marmaduk,

                        If he is going to wait until his girl friend becomes a USC in the next 4 years. Base on what you have suggested isn't he going to be here illegally until his girlfriend becomes a USC, seeing that his F1 status is about to expire and it was not suggested that he has attempted to try seek an extension.

                        I might suspect that they have cancelled people's visitor visa because of a penging petition but that is rear and far between. Infact I have quite a number of friends who have both their visitor visa and pending I 130. In any event I respect your views and its up to Helen to weigh all options and make a determination.

                        Thanks marmaduk for your input.

                        Note to Helen: Seek legal advice

                        Comment


                        • #13
                          Flexx, the flow of this discussion has already revolved around getting an employment based visa to secure his legal status here. I'm merely commenting on the fact that applying for I-130 when he can't maintain legal status here and have to go back home might pose additional problem.
                          How you're drawing the conclusion that staying here illegaly was insinuated frankly baffles me

                          But since we're talking about way that will allow him to stay here legally, personally, in the event of failure to obtain an employment based visa, I would suggest the OP boyfriend to continue with his education (F1 status), either in a different field, or obtaining an advanced degree. That seemed to be the easiest legal solution (if money or obtaining scholarship wasn't an issue).

                          Comment


                          • #14
                            Marmaduk,

                            Let us suppose he cannot afford to go back to school because of financial constraint and there is no likihood of him getting a H1 B visa in the near future, what would you recommend bearing in might that his opt is aout to expire?

                            I think your answer to this question will clarify my misunderstanding. Thanks alot and you for keeping the debate in a civil manner, thats a rare occurrrence on the blog.

                            Comment


                            • #15
                              Helen,

                              Re: Your question what is a priority date, go to the below for a comprehensive answer to your question.



                              http://www.immihelp.com/greencard/im...sa-number.html

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