Sponsoring Spouse for GC

P

pipofrancisco

New Member
Hi, I have been approved for a GC through a SB-1 visa. I will move to the US in October/November. However, I have been dating my boyfriend for over 6 years, and we've decided we want to get married and both move to the US. However, he does not have a visa approved for a Greencard, so I would sponsor him. I would be applying in the F2A category.

1. If I get married before going to the US, would this be put my entry to the US at risk when I travel there? Could my visa be revoked? In the SB-1 application I said I was single, because we had not planned on getting married.

2. Could I file to sponsor him after I enter the US, but before I recieve my greencard? I read that it takes a while for me to recieve the GC and in this time frame I can work and reside in the US using the visa on my passport.

3. How long does would it take me to recieve the GC after I enter the US?

Thank you very much.
This forums also helped me get the SB-1 visa approved and I wanted to thank everyone for their input here.
 
Are you sure it's an SB-1 visa? You write like you've never had a green card before. SB-1 visa is for people who were already in the US with a green card, but then they disrupted their status by spending too much time outside the US, and had to apply for SB-1 to be able to return to the US and reinstate their green cards.

If it's actually an SB-1 visa, marrying before moving to the US won't put your green card status at risk.

But if it's something else like an FB1 visa, the timing of the marriage could be damaging to your status.
 
Yep, its a SB-1 visa. I lived almost 10 years in the US and moved out for reasons out of my control.

Is there a document available like the FAM 42.22 rules for the SB-1 visa available for this type of procedure?

Do you know how long the wait is for me to recieve the GC or if I could sponsor him before recieving the greencard?

Thanks.
 
Marriage would jeopardize your GC only if you're married to more than one person, you lied about being married, or you're obtaining a fresh green card in a category that requires you to be unmarried. You're not in any of those scenarios; you're reinstating a previously established (but disrupted) GC.

You can file the I-130 as soon as you're readmitted to the US. You don't need to wait for the physical GC; you can provide a copy of your SB-1 visa and whatever they stamped in your passport at the US airport or border.
 
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