Green Card for 2 people at the same time?

L

LotusIns

New Member
Dear Bloggers,

Here is my issue. I have an H1B Visa. I'm working for a small company and would like to start the green card process next year. Now I have a boyfriend, who I adore very much and we are planning to get married. He has a Tourist Visa which unfortunately expired like a year ago. :confused:

My questions:
1. Can he get the green card through me if we got married before I start the green card procedure? Someone told me if I apply for green card and I'm married, my spouse would get the papers automatically at same time and he would not need to go through the whole procedure again.

2. Would it affect my own green card application that my spouse's status has expired?

Your responses are kindly appreciated,
:)
 
LotusIns said:
Can he get the green card through me if we got married before I start the green card procedure? Someone told me if I apply for green card and I'm married, my spouse would get the papers automatically at same time and he would not need to go through the whole procedure again.
Click to expand...

He ordinarily could, but the problem is that by being illegally present for over a year the 10-year re-entry bar has kicked in. It won't affect your application, but he cannot file an I-485 and the instant he leaves the US for a consular interview the re-entry bar kicks in.

He needs to wait for amnesty or for you to become a citizen.
 
Thank you Real Canadian! This was my fear :( So basically until I become a citizen, he cannot do anything, he will remain out of status.
 
That's right. If remained in legal status, or left the US before accumulating 180 days of illegal presence, he would be able to get a green card along with you via your employer's sponsorship, provided you marry him before your green card is approved (it is not necessary to marry before starting the GC process; the marriage only needs to be before the end of the process in order to get the derivative GC for the spouse).

If he remains in the US illegally, he will get deported if caught before you become a citizen and file for him. And your citizenship is a loooong way off, considering that you haven't even started the GC process which can take years, and then it is another 5 years after GC approval for you to become a citizen.
 
Thank you Jackolantern.

I know this is a little off topic and might never happen but what if he gets the green card through lottery?

Can he take advantage of it even though he is overstayed?
 
I know this will sound curt, but by not obeying immigration laws, one closes many avenues on their own. The good thing is, your naturalisation will open the one widow he needs to fix everything.

LotusIns said:
Can he take advantage of it even though he is overstayed?
Click to expand...
 
You must log in or register to reply here.
Top