Announcement

Collapse
No announcement yet.

Help! Green card holder marry student bf

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Sugarpuff
    replied
    Yes and when he complete one academic year he can qualify for CPT. If the international advisor is nice they may give it to him right away IF he can prove the internship is integral to his program AND that it is normal to start said internship right away.

    After he graduates he MAY qualify for another year of OPT BUT ONLY if this degree is a level higher than the last degree. In other words he can not go back for a second bachelors or a second masters and get a second year of OPT.

    Many people in immigration limbo become professional students. I was one as a USC. Back then we were called "slackers".

    Leave a comment:


  • Helen
    replied
    I dont know if you guys will know the answer to this... Can my bf go back to the school where he got his OPT issued under a different program?

    Leave a comment:


  • Helen
    replied
    Thanx for all your helps! I guess the only way for him to stay legally is to go back to school... I dont' know if he'll have that much money, but we'll give it a try.
    Thanx again!

    Leave a comment:


  • marmaduk
    replied
    No problem Flexx. In such event, I would strongly urge Helen's bf to exit the country to avoid accruing any illegal stays. Unfortunately, I don't see any other way around it.

    Leave a comment:


  • flexx
    replied
    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

    Leave a comment:


  • flexx
    replied
    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.

    Leave a comment:


  • marmaduk
    replied
    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).

    Leave a comment:


  • flexx
    replied
    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

    Leave a comment:


  • marmaduk
    replied
    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.

    Leave a comment:


  • flexx
    replied
    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.

    Leave a comment:


  • marmaduk
    replied
    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.

    Leave a comment:


  • flexx
    replied
    Helen,

    Correction to first sentence in responce:

    Is your boyfriend mother or father living in the US?

    Leave a comment:


  • flexx
    replied
    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.

    Leave a comment:


  • Nthpole
    replied
    Let him try H1 visa, or ask his employers to file for him

    Goodluck

    Leave a comment:


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

    Leave a comment:

Sorry, you are not authorized to view this page

Home Page

Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

EB-5

移民日报

About ILW.COM

Connect to us

Questions/Comments

SUBSCRIBE

Immigration Daily



Working...
X