GC marrying a Expired BI visa holder

L

Lakshmi2000

Registered Users (C)
I just got my GC and I am planning to marry a guy whose B1 is expired few years ago. He is still in the US.

Can he be sponsored or need to wait till get my citizenship. Please advise.
 
He will need to maintain independent status until he gets his green card. Current waiting time is around 5 years. If you were a citizen then he could have regularized his illegal stay but he can not leave the country until disposition of his petition if his illegal stay is over 180 days (i think).

For now he will need to get his own legal status to remain in the US since green card holders unike for US citizens - visa number availability is required.
 
Lakshmi2000 said:
I just got my GC and I am planning to marry a guy whose B1 is expired few years ago. He is still in the US.

Can he be sponsored or need to wait till get my citizenship. Please advise.
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He can apply under section 245i and a fine of $1000. Consult your attorney!
 
Is the new law about McKaine is passed?

Yes. I agree 245(i) is not available. Do you know if the Mckaine new immigration bill is passed?
 
I just adjusted my status under 245(i). I'm in the exact same situation, B-1 visa expired years ago, I'm still in the country married to a wife whose AOS to GC was pending.

My application to adjust was as a derivative to my wife. USCIS sent me an Intent to Deny, asked for more information, and suggested the only form of relief was to submit the i485 supplement A form (for 245i) and pay a $1000 fine. This was in May, 2005. I submitted the form and payed, problem solved.
 
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