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H1B stamping denied...Can I get married to my BF who is in the States?

Phoenix, AZ |

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?

Attorney Answers 5

Posted

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.

800-688-7892, www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.

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Asker

Posted

Thanks ! What if he applies for a citizenship and then we get married. Do I still have to wait for several years before I get into the States with him?

Anu Gupta

Anu Gupta

Posted

You will still need to address whatever what on the 221g if it was related to you and not to the employer.

Posted

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.

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Posted

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.

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Asker

Posted

Thanks ! What if he applies for a citizenship and then we get married. Do I still have to wait for several years before I get into the States with him?

Posted

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.

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Posted

I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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