Marriage to GC (obtained 12 months ago)

[balv]

Hi:

My relative is British Citizen, currently visiting USA and he has completed DS230 (family based petition for unmarried child over 21) and all the associated paperwork for GC. His visa number is expected to be available in about 12 months.

He is about to get married to a Green Card holder that got their GC 12 months ago.

1. Would he be able to get married and stay in USA or does he have to travel back to UK?

2. What happens to his family based petition?

Regards
Bal

 

[Jackolantern]

1. Would he be able to get married and stay in USA or does he have to travel back to UK?

He'll have to travel back to the UK and wait, for two reasons: (1) If he uses the visa waiver to enter the US, he won't be eligible for adjustment of status based on marriage to a green card holder, and (2) there is a wait of about 2.5 years to become eligible for adjustment of status based on marriage to a green card holder.

2. What happens to his family based petition?

Both the marriage-based and the other family-based petition can keep processing simultaneously, and he'll get his green card through whichever ones progresses to completion first.