Eb1 marriage with gc holder

[vero_volchok]

hello, I am a green card holder of lottery 2024
my boyfriend is now under consideration for eb1 (we think that there will be a refusal and we will reapply)
Can we marriage with him and submit a petition for family reunification?
real relationship we have been together for about 5 years

 

[SusieQQQ]

hello, I am a green card holder of lottery 2024
my boyfriend is now under consideration for eb1 (we think that there will be a refusal and we will reapply)
Can we marriage with him and submit a petition for family reunification?
real relationship we have been together for about 5 years

You can, bearing in mind that the current wait time in terms of priority dates becoming current for the F2 category (spouse of GC holder) is about 3 years.

 

[vero_volchok]

lawyers say that there is no status on eb1, and to apply for reunification you need status
it has been under consideration by eb1 for about 3 years

 

[vero_volchok]

You can, bearing in mind that the current wait time in terms of priority dates becoming current for the F2 category (spouse of GC holder) is about 3 years.

lawyers say that there is no status on eb1, and to apply for reunification you need status
it has been under consideration by eb1 for about 3 years

 

[SusieQQQ]

lawyers say that there is no status on eb1, and to apply for reunification you need status
it has been under consideration by eb1 for about 3 year

I don’t quite understand what you mean. Are you saying your husband is currently out of status in the US? Or is he overseas?

 

[vero_volchok]

I don’t quite understand what you mean. Are you saying your husband is currently out of status in the US? Or is he overseas?

I don’t quite understand what you mean. Are you saying your husband is currently out of status in the US? Or is he overseas?

sorry) I'll try to explain)
my boyfriend has been in the usa for about 3 years, legally, all this time he was under eb1 consideration

I got a green card this year and we want to sign so he can get a green card through family reunification

but, lawyers say that eb-1 does not give any status in the usa because it is not a visa
and therefore we will not be able to apply for family reunification

Maybe someone has encountered such a case or can help us find a solution

he did not violate anything, entered on a tourist visa and after 90 days applied for a talent visa
I have a green card through the lottery

 

[newacct]

That doesn't make sense. EB1 is just a category for future immigration. It has nothing to do with his current status, and does not allow him to stay in the US.

Do you mean perhaps that he changed status to O1 status (nonimmigrant status for people with extraordinary ability)?

 

[SusieQQQ]

sorry) I'll try to explain)
my boyfriend has been in the usa for about 3 years, legally, all this time he was under eb1 consideration

I got a green card this year and we want to sign so he can get a green card through family reunification

but, lawyers say that eb-1 does not give any status in the usa because it is not a visa
and therefore we will not be able to apply for family reunification

Maybe someone has encountered such a case or can help us find a solution

he did not violate anything, entered on a tourist visa and after 90 days applied for a talent visa
I have a green card through the lottery

I think maybe what you are saying, is that he has an application forEB pending and he is out of his original status. In this case my understanding is that he does not have a status currently and therefore he cannot adjust status to marry you.

The other issue you have is that even you file an i130 for him, it is currently around 3 years from filing to a visa number being available/him being able to adjust. You seem to be under the impression that if he had a status now he could file for adjustmant for a spousal visa immediately, but as you are a green card holder and not a citizen, that’s not the case. If his eb application is denied he will have to leave the US anyway, he won’t be able to stay just because you filed an i130 for him. If you were a citizen that would be different.