I traveled back to my home country and my H1B stamping got denied under 221(G). Its been a while now and there's no response from the immigration. My BF on the other hand is a green card holder and is living in the States. Is it ok if he comes back and we get married? Will I have complication filing for GC paperworks?
Yes, you can marry your boyfriend and file for a green card through him. Keep in mind that spouses of green card holders may have a long queue based on country of birth. This means you may file, but may not be able to come to the US immediately. Also, whether you have another lengthy review at the consulate will depend on why they issued a 221g the first time. It may be prudent to discuss the issues on the 221g with an attorney before proceeding to file another petition.
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Yes you can get married but there will be delays before you get your green card. You should consult with an experienced immigration attorney before you make any decisions.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
As my colleagues stated ... you can get married and he can file an I-130.
BUT, you will have to wait in your home country for several years before you can join him in the US.
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.
That is OK, and he'll be able to petition you upon his return, but brace yourself for a wait which could span over years, especially so if the same issues as in the 221(g) issued to you are not addressed until then.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I agree with my colleagues.
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