I am mexican and I live in mexico city, my boyfriend (cuban) lives in Houston. I´am holding tourist visa (it expires in 5 years) and I visit him every 2 months. We are planning to get married soon but he wants that I relocate to Houston with him, so I will stay in USA soon (stay as a tourist) and don´t come back to Mexico city. Right now he has the green card (2 months ago). When we get married can he make the petition for me to obtain the green card too although he is a resident? and if is possible how long it takes approximately to get for me?
If and when you marry, he can petition for you but you will need for the visa to be available before you can adjust status and be authorized to live and work in the US. I would talk to a immigration attorney and discuss all your options including consular processing. (The purpose of the visitors visa is to visit and not to stay indefinitely and if you overstay you would accrue unlawful presence and could be subject to bars to reentry.)
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Once you are married, he can file a petition for you, even as a resident, but more specifically since he is a Cuban, you can be eligible to obtain parole as the spouse of a cuban national under the Cuban Adjustment Act. This would allow you to (once you are married to him) enter the US, obtain a work permit and in one year adjust your status. You should find an immigration attorney to help you plan this all out, but yes, you can be helped.
You are not immediately eligible to apply for residence based on an immigrant visa petition by a spouse whose is a US Lawful Permanent Resident: that is in the F2A (family based second preference) immigrant visa category), so there is a quota backlog, entailing a wait of about two years before your application to adjust status could move forward. You need to consult with an attorney right away, because if you enter as a tourist with an intent to remain indefinitely and seek residence, you may end up in immigration court.
This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship. For legal advice specific to your circumstances, you must consult an attorney in a confidential setting, not in an online forum.
I do not believe you are eligible, as is stated below, for advance parole because your boyfriend is Cuban. That is not what the Cuban Adjustment Act authorizes. However, if you marry your then husband can petition for you and based on his green card it will take about two years. You really need to talk to, or your boyfriend should talk to, a Board Certified immigration attorney.
Yes. The category is F2A and the timing of it you can look up on visa bulletin site.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Todo depende. El proceso se complica porque usted entró a los EEUU con una visa de turista, lo que implica (supuestamente) que no tiene intenciones de quedarse. Si lo hace, Inmigración puede decir que cometió fraude. Aún así, un abogado de inmigración puede ayudarles a analizar el caso y recomendar la mejor avenida LEGAL para que disfruten de su matrimonio en los EEUU.
If you have not signed and paid a retainer with my office, I am NOT your lawyer and this is not legal advice.
To promote family unity, immigration law allows permanent residents of the United States (green card holders) to petition for certain eligible relatives to come and live permanently in the United States. A permanent resident may petition for his/her spouse and unmarried child(ren) of any age to immigrate to the United States. Congress has limited the number of relatives who may immigrate under these categories each year so there is generally a waiting period before an immigrant visa number becomes available. If your family relationship qualifies you as an eligible relative of a U.S. permanent resident, then you are in what is called a “family preference category. If you are currently in the United States and are one of the specified categories of relatives of a permanent resident, you may be able to become a permanent resident in two steps.
Step One – Your permanent resident relative must file Form I-130, Petition for Alien Relative, for you and it must be approved. You must wait for your priority date in your immigrant visa category to become current. Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. permanent resident relative. For more information on priority dates, see the “Visa Availability & Priority Dates” page.
Step Two – Once the priority date in your visa category is current, you may file for adjustment of status with Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of status is the process you go through to become a permanent resident. For more information, see the “Adjustment of Status” page.
I do not recommend that you enter the U.S. with the B-1/B-2 and then marry. If you marry outside the U.S. then your spouse can file the FORM I-130 on your behalf with USCIS. Additionally, the Cuban Adjustment Act may be applicable and an adjustment is possible if the spouse is granted an unconditional parole.
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