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I'm international student and my Boyfriend is immigrant, can he sponsor me if we get married?

Palm Desert, CA |

he's immigrant and applying for citizenship end of this year 2013. he's a Nurse here in United states. if we get married this July 2013 is there any way he can sponsor me? what is the difference of getting married to a immigrant or U.S citizen.

Attorney Answers 7


  1. You must mean that he is a lawful permanent resident. If he files for you as a lawful permanent resident, there would be a significant wait for your immigrant visa and if your student status expired during the waiting period, you would not be able to stay in the US. If he's a US citizen, you are considered an "immediate relative" and can apply for your green card without having to wait several years. Discuss these options in more detail with an experienced immigration attorney.


  2. You should wait to file your paperwork for a green card until your husband becomes a citizen. Generally speaking, the spouse of a US citizen and is an immediate relative and can file for a green card right away. If he is only a green card holder, the process takes much longer as you must wait for a visa number to become available. It is best to consult an attorney.


  3. I agree with my colleagues.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. Once he is a U.S. citizen and you have married, he can sponsor you via an I-130 application, if there are no other issues in your background preventing you from adjusting status. You should consult with an experienced immigration attorney in your area to get the process rolling.


  5. Yes he can file a petition for you assuming you have no inadmissibility issues. Once your husband naturalizes the process will be a lot faster. You can get married at any time, it does not make a difference.


  6. I am assuming that you are currently present in the United States in answering this question. You can marry anytime. You do not have to wait for your boyfriend to become a citizen to marry. He can also petition or you as a permanent resident but a visa will not be available for you and you will not have have any immigration benefits. However, when he becomes a citizen, he can petition for you and at the same time, you can apply for adjustment of status and apply for a greencard which will give you some benefits while your application is pending.

    For additional informaiton, please contact me for a free consultation at helenlawoffice@yahoo.com.


  7. Yes, once you are married, your "husband" will be able to file a Petition for you. Once he is a citizen, there is a visa immediately available, which means that you could file an application for adjustment of status to the green card right away. If he remains a green card holder himself, however, there is a wait of perhaps 3-4 years before a visa might be available to you to obtain your green card. You should plan carefully.

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