Hello I am on Green Card and out of 10 years i consumed 2 years now and before i can file for citizenship i am still having 2 1/2 years left....I am single and working in CT. I have a boyfriend who is currently on H4 status and he wants to divorce his wife and we want to get married here in USA. What should be the right way to approach this issue? when should we marry and how can we change his status so that he can also work in USA...
Can you get married? Yes
Will the marriage enable him to stay in the US? No
Should you have a Skype consultation with an attorney? Yes
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are 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.
If you marry your boyfriend after his divorce, you can file an immigrant petition in the F2A category. It could take 1 or 2 years for visa availability until he can file for adjustment of status. However, he will need to maintain nonimmigrant visa status in the interim as filing an immigrant petition, by itself, does not confer any residence or employment rights.
If ineligible to file adjustment of status because of status violation, it is possible under normal circumstances to file adjustment of status when you become a U.S. citizen. Discuss case specific advice with an experienced immigration attorney
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.
He divorces, you get married and you petition for his immigration while he maintains his nonimmigrant status. Obviously the H4 will be out of the question so he will need to move to a different status or leave the USA and wait until you file, the process takes place, he is scheduled for an interview at the consulate and issued an immigrant visa. That could take two years give or take a few months.
You can read here about the process:
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.
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