Can i get married if i´m watting for a visa to get my residence?

M

moon75

New Member
a) My brother had submitted a petition to sponsor me on October 1994. The visa bulletin for my category is on march 1993. So i have to wait more than 1 year to get an inmmigration visa.
I am single, but I want to marry my girlfriend now. So I want to know if I can get married before I get my residence. Or if these change make the petition invalid? Also can my future wife will be benefitted with my application? And does this change delay the process to get the residence?

I have to tell u, that I´m in USA since 1990 and i´m an illegal person, but i´m protected by the 245i. And my girlfriend is in Mexico at this moment and she have a tourist visa, so if we can get married she will be legally in USA at the moment of our wedding.

b) What steps do I have to do get the benefits to my future wife?
 
Based on ur info. you are under 4th category and you can marry her.Yes she will get the benefit if you marry before getting the PR.

At this time you can't do anything to get benefit for her. She has to return back to mexico. Once you get your PR you can start follow to Join for her. See the thread for more details.

Do she hold a multi-entry visa to US? If yes..she can join you after you get the PR and she can adjust the status here. But to get all above benefits you should be married before getting PR and register it.
 
rajinca said:
Do she hold a multi-entry visa to US? If yes..she can join you after you get the PR and she can adjust the status here.
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Only if it's a dual intent visa. If she tries it on a B that's clear immigrant intent.
 
Thank u for ur answers.

i have a question 4 u "TheRealCanadian", could u explain to me what´s a dual intent visa? :o
 
TheRealCanadian said:
Only if it's a dual intent visa. If she tries it on a B that's clear immigrant intent.
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I donot agree with you. If she maintains the valid status.. she can adjust as derivative and she don't need dual intent visa. Read below for more clarification.

PERSONS WHO ARE INELIGIBLE:

Unless you are applying for creation of record based on continuous residence since before January 1, 1972, or adjustment of status under a category in which special rules apply (such as asylum adjustment, Cuban adjustment, special immigrant juvenile adjustment or special immigrant military personnel adjustment),

you are not eligible for adjustment of status if any of the following apply to you:
you entered the U.S. in transit without a visa; you entered the U.S. as a nonimmigrant crewman; you were not admitted or paroled following inspection by an immigration officer.
your authorized stay expired before you filed this application; you were employed in the U.S. prior to filing this application, without INS authorization; or you otherwise failed to maintain your nonimmigrant status, other than through no fault of your own or technical reasons, unless you are applying because you an immediate relative of a U.S. citizen (parent, spouse, widow, widower or unmarried child under 21 years old), a K-1 fiance (e) or K-2 fiance (e) or K-2 fiance(e) dependent who married the U.S. petitioner within 90 days of admission or an "H" or "I" or special immigrant (foreign medical graduates, international organization employees or their derivative family members);
you are or were a J-1 or J-2 exchange visitor, are subject to the two-year foreign residence requirement and have not complied with or been granted a waiver of the requirement;
you have an A, E or G nonimmigrant status, or have an occupation which would allow you to have this status, unless you complete Form I-508 (I508F for French nationals) to wave diplomatic rights, privileges and immunities, and if you are an A or G nonimmigrant, unless you submit a complete Form I-566.
you were admitted to Guam as a visitor under the Guam visa waiver program.
you were admitted to the U.S. as a visitor under the Visa Waiver Pilot Program, unless you are applying because you an immediate relative of a U.S. citizen (parent, spouse, widow, widower of unmarried child under 21 years old);
you are already a conditional permanent resident;
you were admitted as a K-1 fiance(e) but did not marry the U.S. citizen who filed the petition for your, or were admitted as the K-2 child of a fiance(e) and your parent did not marry the U.S. citizen who filed the petition.
 
On this page http://www.twmlaw.com/site/resources/general25cont.htm i foun this:

Section 245(i)

Between 1994 and 1997 certain aliens who did not qualify for adjustment of status under INA § 245 nevertheless could do so under INA § 245(i). In November 1997, Congress enacted a law ending § 245(i). The law, however, grandfathers aliens in the United States for whom an immigrant visa petition or labor certification was on file by January 14, 1998, and any spouse or child accompanying or following to join the principal applicant.

The INS has stated orally that spouses or children accompanying or following to join a grandfathered alien are eligible to adjust under INA § 245(i). Therefore, even if the individual was not a spouse or child as of January 14, 1998, he or she can adjust under § 245(i) if he or she is a spouse or child at the time of the principal’s adjustment. The INS has not yet confirmed this position in writing, however.
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So i want to know if this is true, because i am under 245i, and i´m wondering if my future wife can adjust her status under the 245i too?
 
moon75 said:
So i want to know if this is true, because i am under 245i, and i´m wondering if my future wife can adjust her status under the 245i too?
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The INS has stated orally that spouses or children accompanying or following to join a grandfathered alien are eligible to adjust under INA § 245(i). Therefore, even if the individual was not a spouse or child as of January 14, 1998, he or she can adjust under § 245(i) if he or she is a spouse or child at the time of the principal’s adjustment. The INS has not yet confirmed this position in writing, however.

You have the answer...Best thing to ask your attroney..
 
rajinca said:
I donot agree with you. If she maintains the valid status.. she can adjust as derivative and she don't need dual intent visa. Read below for more clarification.
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If she enters on a B and files an I-485 less than 60 days later, USCIS can argue that she made a material misrepresentation when entering the US by not disclosing her immigrant intent.

There's no specific prohibition on adjusting status when in B status (my wife, in fact, did so). However, it cannot be right after her entrance otherwise it may call the legality of the entrance into doubt.
 
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