GC Petition for spouse

Z

zinnia

New Member
This is the scenario:

I am a gc holder and i want to marry a foreign national while he is in the US on temporary visa (which expires on by the end of this week). However, his concern is that if he marries me, then he will have to go back to his country of origin while the petition for his gc is pending. My question is, that can he apply for extension of his visa now after court marriage, and then apply for an EAD? How long does it normally take to reach the point at which you can apply for an EAD? Does he have to go back to his country if we get a court marriage and file his petition while he is in US eventhough his visa expires in about a week?

Also, can he apply for a visa with dual intent while his application is being processed? And if so, which types of visas come under dual intent visa?

Lastly, if he does go back to his country after the paperwork..can he apply for any other visa so that he can come back here?

Can he stay and work in the US while his application is being processed?

Is the V-visa category still valid? Can i sponsor him under this category?

Please help me with this, I am very confused. :confused:
 
zinnia said:
TMy question is, that can he apply for extension of his visa now after court marriage, and then apply for an EAD? How long does it normally take to reach the point at which you can apply for an EAD?
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He'll require a current priority date, which will take approximately five years since the FB2A category is so oversubscribed.

Also, can he apply for a visa with dual intent while his application is being processed? And if so, which types of visas come under dual intent visa?
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This is your best bet. He'll need an H or L visa.

Lastly, if he does go back to his country after the paperwork..can he apply for any other visa so that he can come back here?
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Strictly speaking, he's not statutorily ineligible for any sort of non-immigrant visa, but by being married to a permanent resident there is an extremely strong presumption of immigrant intent he'll need to overcome. The H or L, since they are dual-intent, are the best bet.

Is the V-visa category still valid? Can i sponsor him under this category?
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The V has been sunset and people with I-130s filed after 2000 do not qualify, IIRC.
 
H1 visas are heavily oversubscribed. Recently the entire quota has been filled on the day they were released, and USCIS has been using a lottery system to pick successful people from the pool of applicants.

L1 may be viable, but generally intra-company transferees need to have worked for the overseas office for 1 year before applying for the visa.
 
he should extend or obtain a visa before you marry, you should consider naturalizing if you can, then when you naturalize, just apply for AOS for him, considering he did get some visa, non-immigrant or whatever.
 
Did he already finish his education? Is he interested in studying in the US? Can you postpone your marriage until a couple years later?
 
Thank you ALL for the valuable suggestions.

He has an intention of joining a residency program in the US (he is a medical doctor).

But, in the meantime, upto September..he wants to stay in the US so he can get some clinical experience to add to his resume..which is quite important.

The other problem which seems to concern him is that if he gets an EAD..that he will not be able to join a residency program here..as they recognize only HI or J1 visas, or GC/citizens.

Well..as for my obtaining naturalization..i still have another 2 and a half years left..can i apply now?

Thank you all again for the advice.
 
OK, here's what you need to know. You can file an I-130 relative petition for him after you are married. However, it will neither give him a legal status nor EAD here until he can apply for adjustment of status, or consular processing. You can't apply for naturalization yet. The earliest he can apply for AOS based on your petition (and have a legal status and EAD) would be in about 3 1/2 years when you're a citizen, or 5-6 years if you don't become a citizen.

If you do decide to get married and file a petition for him, after that he can only qualify for nonimmigrant statuses that do not require immigrant intent, such as H-1B or L-1, to stay in the US until his PD becomes current.

It sounds to me like he might be better off at this point if you postpone his immigration to the future; without immigrant intent, he can still qualify for other nonimmigrant visas than H-1B or L-1. Also be aware that it is more difficult for him to overcome the presumption of immigrant intent if he is married to a permanent resident, i.e. if you get married it may be more difficult for him to get approved for certain nonimmigrant visas.

If you get your citizenship and you decide to apply for him then, a visa number will be immediately available for him.
 
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i would suggest him obtaining a visa on his own, not mentioning he is engaged, or dating anyone here. other wise they might see it as immigration intent.
 
Don't hide any material facts and answer all questions truthfully; but of course you don't need to volunteer information that you're not asked. He needs to prove his nonimmigrant intent for a nonimmigrant visa that's not a dual intent visa by proving closer ties to another country.
 
right, i never meant to make it sound like i was saying to lie, i shouldve added, dont provide info not asked for.
 
js360, I didn't think you meant to implied lying but I wanted to make sure zinnia understands the difference. For instance, if they are engaged, and asked if they are engaged, I think the should say they are. But, they could for instance decide to keep dating instead of getting engaged and essentially defer their marriage and immigration plans to a later date.
 
That still doesn't get around the problem that there are very few statuses for someone to live and stay in the US, unless they are working in a professional job or going to school.
 
Hello all,
Thank you everyone, for all the advice.

The thing is that this person is in the US now. We were planning on getting a court marriage done before his visa expires..and apply to extend his visa while he is still here. Then, at some point apply for an EAD.

The problem arises (in his mind), that when he has an EAD in hand..he cannot begin a medical residency program here in the US UNLESS he goes back to his country of origin and gets himself sponsored by the hospital on an HI visa. So, IS HE RIGHT TO THINK THIS? Does he in fact have to go back to his country to get an H1...cant he just stay on here and convert his existing visa (which we would have extended after the marriage)..into the H1 visa??

Anyways..you guys..things just didnt go through. He will be leaving soon, and my heart is breaking..there is no law that can fix that.

Thank you again.
 
zinnia said:
We were planning on getting a court marriage done before his visa expires..and apply to extend his visa while he is still here.
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What temporary visa is he on, and what basis do you have to enxtend the stay?

Then, at some point apply for an EAD.
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Unlikely any time soon.

Does he in fact have to go back to his country to get an H1...cant he just stay on here and convert his existing visa (which we would have extended after the marriage)..into the H1 visa??
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Yes, if the current status gets extended, and if he wins the H1 lottery then conceivably he doesn't need to leave. Lots of ifs.

Anyways..you guys..things just didnt go through. He will be leaving soon, and my heart is breaking..there is no law that can fix that.
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That's painful in the short-term, but the right long-term thing to do.
 
zinnia said:
Hello all,
Thank you everyone, for all the advice.

The thing is that this person is in the US now. We were planning on getting a court marriage done before his visa expires..and apply to extend his visa while he is still here. Then, at some point apply for an EAD.

The problem arises (in his mind), that when he has an EAD in hand..he cannot begin a medical residency program here in the US UNLESS he goes back to his country of origin and gets himself sponsored by the hospital on an HI visa. So, IS HE RIGHT TO THINK THIS? Does he in fact have to go back to his country to get an H1...cant he just stay on here and convert his existing visa (which we would have extended after the marriage)..into the H1 visa??

Anyways..you guys..things just didnt go through. He will be leaving soon, and my heart is breaking..there is no law that can fix that.

Thank you again.
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Does he has his valid USMLE scores and certification? If so, why he is risking medical profession by applying for EAD. residency interviews are just finishing and then their is post match..why he doesn't try his luck. Once get matched he can pursue marriage plan with you
 
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