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I want to marry my boy friend (he's a green card holder).

07208 |

i have a B1/B2 Visa for 5 years and last year i went to US for the first time as a tourist and i met a guy he is a green card holder, then we become together and he asks me to marry him.

my question is: is it possible to marry him in US with my B1/B2 visa and stay legally with him?
what's the process for my case?

Attorney Answers 4

Posted

I agree. The only way that you could stay is if he is US citizen. If you marry and stay in the US and he files a family petition for you, you might be forced to return to your home country for processing and depending on how long you overstayed, which is determined by the date on your I-94, upon exiting you might be subject to either a 3 or 10 year bar. Play it safe and leave the US until he becomes a United States citizen and files a petition for you. For clarity on this issue, I suggest that you contact an immigration attorney would focuses on family based petitions.

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Asker

Posted

Thanks for your advice Ms. Ingrid So if we get married and i back to my country waiting for the processing can i visit him with my tourist visa?

Ingrid Arnalda Morfa

Ingrid Arnalda Morfa

Posted

That can't be guaranteed. Even when a visa is issued for multiple years, admission is at the discretion of the inspecting officer at your port of entry. I really do suggest that you contact an attorney so that you get a better idea of the pros and cons of all of the alternatives.

Posted

You can marry him, but would have to leave the United States and visa process back in. You would not be allowed to overstay the date dictated on your I-94, NOT your actual visa.

Your boyfriend needs to become a citizen -- then you may stay here and adjust status (procure a green card).

You need to speak to an attorney about this process.

VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: ssvosbikian@voslaw.com - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com

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Posted

I completely agree with Mr. Vosbikian. If he is ready to become a citizen he should do so immediately. Otherwise you must leave and wait to come back.

973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Posted

YOu can get married, but as a green card holder your visa will not be available for two years or until he becomes a citizen. The impact on you is that you will be out of status when your tourist visa expires or if you leave the US, you will not be able to return on a visitor visa. If you do get married, you should speak with an immigration lawyer about how to proceed.

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