Marrying green card holder

Silver.W

New Member
Hi everyone I have a very urgent question. I am a Chinese citizen with a Canadian work permit for 3 years. I met my boyfriend 3 years ago when I was a student in Canada. He is a US green card holder. Half year ago I found myself pregnant(while my Canadian work permit is still valid thru 2021) and moved in with my boyfriend to US under a tourist visa. Technically everything is fine for now - I haven't overstayed yet. My tourist visa will expire in ten years but my EVUS only allows me to stay until end of this December. My boyfriend has started the application for citizenship in Oct.. He has been a green card holder for about 10 years. However the waiting period for him to get the citizenship seems long. We are open to getting married/filing my green card application anytime.

However, two concerns stick out in my mind - 1. If my bf(US green card holder) and I get married now and start applying for green card and Adjustment of Status, how long will it take to process? Meanwhile, how risky is it? I've read ppl got denied and even deported when they came to US under a tourist visa and then get married. I can always go to Canada and wait until my legal immigration status is granted but obviously I'm pregnant and very inconvenient to move across the country. Any exception in law that can guarantee my lawful stay and green card and stuff? 2. If we wait until my bf gets his citizenship and then get married, can I still apply for Adjustment of Status and green card by then? Most likely I will be overstaying by then, and will I get denied/deported because of that reason? We are not sure about the difference between marrying a green card holder and a US citizen. Will it take longer for me get my green card if we get married now and does it affect the process of my bf getting his citizenship at the same time?

The third question might be irrelevant. My parents are now applying for tourist visa to visit me(only short term with no intention to immigrate). They are both Chinese citizens. Will the visa office/border office find out about where I am? Should they mention me?(My guess is a no, but how safe is that?)

Thank you for your time and answering!
 
Ok, first - as long as your boyfriend is only a green card holder, under no circumstances should you overstay your allowed time. You will not be forgiven overstay as spouse of an LPR and will face a ban (of 3-10 years) before you can return, depending how long you overstay. It’s not just a question of being deported, it’s a question of when you can get back.

The way it works he files for you, but while he is an LPR you are F2A category which has a priority date - you cannot file for adjustment of status until that date is current, which at the moment is taking more than 2 years. You will have to go back to Canada and wait, unfortunately there is no way around this. When your husband-to-be becomes a citizen, then your petition can be upgraded from F2A to CR1, which has no wait for a priority date. However if you have a ban from overstaying before that will still be in place. DO NOT OVERSTAY.

Get married, have him file the i130 ASAP to get the petition started, but you will have to return to Canada when your current stay is up. The good news is that Canadians generally get to be able to visit their spouses in the US quite easily while waiting for their visas to become available, hopefully that will extend to Canadian residents too.
 
Do not overstay or think about overstaying. Follow the rules of the country that granted you the privilege to visit!!

Where and when to get married is a personal decision for the both of you. The only way you could be sponsored for US legal permanent residency is for you to get married and be petitioned by your then-husband. Takes about 2 years and you interview in Montreal.
 
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