Can fiance get benefit from my I-140 petition still pending for approval?

Asked over 1 year ago - Des Plaines, IL

I currently have an EB1-C I-140 petition in-process with Nebraska service center. I am about to marry my fiance in May. He currently is a deferred action for childhood arrivals beneficiary. He has EAD and SSN now. He arrived in US December 2000 and have overstayed since their visa expired. He also grandfathered 245i since his dad has a petition filed and approved September 1992. Once my I-140 is approved, can I include him in the adjustment of status? Can he use 245i to adjust here in US? Thanks.

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

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    Lawyers agree

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    Answered . With the narrow exception of fiance of an USC, fiance and fiancee gets no immigration benefit in US immigraiton system; As spouse - yes

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Stephen D. Berman

    Contributor Level 20

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    Lawyer agrees

    Answered . Yes, if you are married at the time you are granted adjustment of status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes, he can be included ... if you get married ASAP.

    Hire a lawyer, 245i, might work.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Alena Shautsova

    Pro

    Contributor Level 20

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    Lawyer agrees

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    Answered . If he qualifies for 245(I), looks like yes, he will be able to adjust. Please see an attorney to help you guys, as it may be more complicated than you think.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more

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