turists
- Thread starter Joanna
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Joanna said:I have been n US for 1 year, after 5 years I can apply for citizenship
I will be hard for us ...
Well,
It'll take a long time but if your marriage is in bona-fide, as I'm sure it will be, you have nothing to worry about.
He could apply for AOS and he will receive EAD and AP within 3 months.
Those are enough to work and travel.
Eventually he will get a GC too.
Joanna, you can apply for a petition for alien relative now, but it will probably take more than 5 years before he can change his status to a GC holder. So if he stayed back in the country, unless he had a valid work visa, he won't be able to work. Alternately, he can be on a student visa and study. Otherwise, he will be out of status and illegal as you put it. Now, if you were a USC, you could have applied for change of status right away and he would have been legally here. You choose the best option.
Joanna said:Thank you so much for info, but what is it AOS and EAD and AP, I am new with this topic ... are you sure 3 months? do I have to hire lawyer? or do it myself?, I know that they promise a lot and charge a lot and after that mostly nothing
Thank you
This is the USCIS lingo guide
http://www.immigrationportal.com/showthread.php?t=205586
Joanna, no, I was already here and working on a visa when I started dating my wife and got married. Since she is a USC, the process was much quicker for me. You can see in my signature (timeline) that I am still waiting for the GC though we had the interview a month ago.
I think there are some new laws being considered to help the spouse of a green card holder, so he/she doesn't haven't to live in another country for a long time. I am not very sure about this, but you might want to follow anything like that very closely.
I think there are some new laws being considered to help the spouse of a green card holder, so he/she doesn't haven't to live in another country for a long time. I am not very sure about this, but you might want to follow anything like that very closely.
Go to www.uscis.gov and look for all the info, that is the official website and the link that Ari gave to you and you will understand a lot of what we are saying here and how the process is. Yes there are fees and waiting period but nobody is promising anything.
What you should look and talk with your boyfriend is that by the current law he will be out of status once he reach the expiration date of his I-94 and many things can happen from here until you get your citizenship. As a green card holder and petition for him does not give him any status.
What you should look and talk with your boyfriend is that by the current law he will be out of status once he reach the expiration date of his I-94 and many things can happen from here until you get your citizenship. As a green card holder and petition for him does not give him any status.
pianoplayer
Registered Users (C)
Joanna said:
I don't know whether you are already pregnant. If not, please do not get pregnant if you think that this will help you with your immigration issues --- it will not. USCIS will not grant him work authorization just because he is the only potential breadwinner when you are pregnant.
Right now, you are in a very difficult situation. You could file I130 (immigrant visa petition) for him now, but it will not become "current" for a few years. Until then, he cannot file I485 (adjustment of status to permanent resident), and therefore his stay in the US during these years will be illegal. Even though he is married to a GC holder, even if he has a child, he could be deported at any time if discovered.
When you do become a citizen, you can upgrade your I130 petition ---- since he would then be an immediate relative of a USC, he would be immediately eligible for a visa number. But, according to your facts, this is still 4 years into the future.
Someone else has advised a student visa. Since you do not say how long he has been in the US illegally, this may be bad advice. If he has overstayed for 180 days, he would be subject to a 3 year ban to the US, and if he leaves to get a student visa overseas, he would not be allowed back for 3 years.
Whatever you do, do not have a child for immigration purposes. It seems like you are going to have a hard enough time supporting the two of you over the next couple of years.
Make sure you become more informed about immigration as others have advised you. Even schedule a preliminary consultation with an attorney to explore your options. The above are merely general observations based on the very limited facts you provided.
Best wishes