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Gregory Romanovsky

Gregory Romanovsky’s Answers

356 total


  • Does the 60 day rule refer to filing the AOS application or also the wedding itself?

    Meaning: I won't file the AOS application before 60 days pass since I last entered the US, but should I also wait with the wedding itself? or can I get married now, and only wait 60 days to mail the petition? (I have a student visa and my fiance i...

    Gregory’s Answer

    The "60-day" rule is something that DOS uses, not USCIS (at least, not in Boston). That being said, if you get married shortly after entering the U.S. in an non-immigrant status, there may be complications. Consider getting professional help, as there are many things that can go wrong.

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  • Can I stay in the united states after my marriage to a citizen

    I intend to marry MY BOYFRIEN HE'S a citizen in usa for summer I want to know if I should return to my country because I have a tourist visa or wait until I have the residence.

    Gregory’s Answer

    • Selected as best answer

    Assuming you're eligible for adjustment of status, you don't have to leave the United States to obtain permanent resident status.

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  • DACA married to USC

    I came with a tourist visa (Entered Legally, came at a really young age). I have an i94 on paper. I been in the U.S for 18 years and have never left the country. I have a clean record (no criminal background) and never have gotten a letter of depo...

    Gregory’s Answer

    If you're looking for a roadmap, the only truly reliable source of information is the official site of the immigration service: www.uscis.gov. There, you can find all of the forms and a lot of useful information. That being said, if you can afford to hire an experienced immigration attorney to help you with this case, you really should. The fact that your legal status had expired many years ago won't necessarily prevent you from adjusting your status (because you're married to a U.S. citizen), but here are too many things that can go wrong.

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  • Can a green card holder apply for fiance visa?

    I am currently a US permanent resident, I got my green card 3 years ago, I m wondering if I can apply for fiance visa for my girlfriend. I know I can apply for marriage visa, after getting married, but we are not able to get married because of som...

    Gregory’s Answer

    Unfortunately, fiancee visas are only available to fiancees of U.S. citizens. You may consider some non-immigrant visa options, but it will likely be a challenge.

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  • Does the 60 day waiting period since entering the US refer to the non-immigrant's entry with the current status or the last one?

    I've lived here with a student visa for a lot longer than 60 days but left the country for a week and came back a month ago. Now I'm marrying an American citizen and applying for adjustment of status. Should I wait another month? Thank you!

    Gregory’s Answer

    The pre-conceived intent issue that you just discovered is one of the many potential issues with any marriage-based adjustment application. It's worth at least consulting with an experienced immigration attorney before filing anything.

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  • Can a F1 student get married in her grace period

    I'm an international student in opt currently. My opt is expiring soon so I wanted to know can I get married to my fiancé who is American citizen in my grace period? and if I do that, Will that make me legal to stay in US after my grace period fin...

    Gregory’s Answer

    You can certainly get married, regardless of your status, but the marriage itself does not change your legal status in the U.S. Your future husband will have to file an immigrant visa petition for you and you will submit a concurrent application for adjustment of status, assuming you're eligible. There are lots of forms that need to be completed and lots of potential issues to consider.

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  • Is this true and correct? I would like to hear second opinion please.

    I am permanent resident and about to start green card process for my wife. Since she lives and works abroad, we chose consular processing route (I still have 2.5 years to be eligible for citizenship). She has B1/B2 visa and is able to visit me bas...

    Gregory’s Answer

    You have to remember that her B1/B2 visa is not a permission to enter the U.S., it is a permission to board the plane. If, at the time of entry, the officer at the border thinks that the purpose of her trip is inconsistent with the type of visa she has in her passport, she can be denied entry. The filing of an I-130 petition can certainly raise suspicions as to your wife's true intent at the time of entry. At the same time, she's coming in for a short period, has a return ticket and evidence of ties to her home country, there is a good chance she'll be allowed to enter. It is all about whether the officer will believe that she's, in fact, coming back to consular process her immigrant visa, and not trying to sneak in on her B2 visa only to apply for adjustment of status down the road. One other suggestion: trust your attorney. Or, if you don't trust your attorney, get someone else that you trust.

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  • I-797 what's next? Husband is in Removel Proceedings.

    I am a USC filed an I-130 for my husband who is in Removel Proceedings. I received an approval notice I-797, Notice of Action, stating: The above petition has been approved the petition indicates that the person for whom you are petiotoning for i...

    Gregory’s Answer

    Next is a consultation with an experienced immigration attorney. This case is much too complicated to seek advice on AVVO.

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  • Can I file for a green card if I get married to US citizen during my 60 day grace period if I'm F1 student?

    Iam an international student on F1 visa and currently on my opt. My opt shall expire in two months, after it expires, during the 60 day grace period, can I get married to US citizen and file for green card?

    Gregory’s Answer

    Yes, you can, even after your grace period expires (although it is obviously best to maintain your status) - assuming you are eligible for adjustment of status and not inadmissible. There are many issues to consider and many potential problems to be aware of. You should consider at least consulting with an experienced immigration attorney before you file anything.

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  • What happens if he is in jail when we're called for an interview?

    I am waiting for my I-485 interview. I just received the work permit. In the meantime, my husband, US citizen, who field the petition on my behalf, got into some legal troubles and may be facing jail.

    Gregory’s Answer

    You need to speak with an experienced immigration attorney as soon as possible. If you simply show up without your husband and without legal representation, your case will most likely be denied for abandonment. This is a very complex area of the law and you need professional assistance.

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