Green Card holder marrying visitor / student

J

j20

New Member
If a Greencard holder MR. A (EB) marry a US visitor Miss. B within 90 days of the arrival of the visitor, can the married couple legally stay in the US?

If the marriage happens after 90 days of the arrival of the visitor, is there a difference from USCIS perspective while making a favorable decision?

Can MR. A file I-485 for the spouse Miss. B who entered as a visitor?

Can I-130 (F2A based) be filed immediately, and if so, does it allow Miss. B to stay in the US until it has been adjudicated?

In case where Miss. B has entered US on a student visa, will the treatment after marriage be the same as that of a visitor?

Any advice whereby Mr. A and Miss. B can stay together legally in the US after marriage will be greatly appreciated.

Thanks,
 
No, no legally status. He/she cannot stay in the US, will have to go back to his/her own country and wait for the visa.

Anything you do will not able to protect him/her based on GC holder marriage. Only married to a USC will get legal status once the I-130 and I-485 is filed.
 
j20 said:
If a Greencard holder MR. A (EB) marry a US visitor Miss. B within 90 days of the arrival of the visitor, can the married couple legally stay in the US?
Click to expand...

A can stay. B cannot.

If the marriage happens after 90 days of the arrival of the visitor, is there a difference from USCIS perspective while making a favorable decision?
Click to expand...

No difference.

Can MR. A file I-485 for the spouse Miss. B who entered as a visitor?
Click to expand...

No.

Can I-130 (F2A based) be filed immediately, and if so, does it allow Miss. B to stay in the US until it has been adjudicated?
Click to expand...

Yes, and no.

In case where Miss. B has entered US on a student visa, will the treatment after marriage be the same as that of a visitor?
Click to expand...

The only difference is that a student can stay longer than six months.
 
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