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

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. 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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. 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 be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com


  3. 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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. 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 attorney to discuss your individual case.

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