Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Tourist visa marrying green card holder

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Tourist visa marrying green card holder

    Hi everyone I have a very urgent question. I am a Chinese citizen with a Canadian work permit for 3 years. I met my boyfriend 3 years ago when I was a student in Canada. He is a US green card holder. Half year ago I found myself pregnant(while my Canadian work permit is still valid thru 2021) and moved in with my boyfriend to US under a tourist visa. Technically everything is fine for now - I haven't overstayed yet. My tourist visa will expire in ten years but my EVUS only allows me to stay until end of this December. My boyfriend has started the application for citizenship in Oct.. He has been a green card holder for about 10 years. However the waiting period for him to get the citizenship seems long. We are open to getting married/filing my green card application anytime.

    However, two concerns stick out in my mind - 1. If my bf(US green card holder) and I get married now and start applying for green card and Adjustment of Status, how long will it take to process? Meanwhile, how risky is it? I've read ppl got denied and even deported when they came to US under a tourist visa and then get married. I can always go to Canada and wait until my legal immigration status is granted but obviously I'm pregnant and very inconvenient to move across the country. Any exception in law that can guarantee my lawful stay and green card and stuff? 2. If we wait until my bf gets his citizenship and then get married, can I still apply for Adjustment of Status and green card by then? Most likely I will be overstaying by then, and will I get denied/deported because of that reason? We are not sure about the difference between marrying a green card holder and a US citizen. Will it take longer for me get my green card if we get married now and does it affect the process of my bf getting his citizenship at the same time?

    The third question might be irrelevant. My parents are now applying for tourist visa to visit me(only short term with no intention to immigrate). They are both Chinese citizens. Will the visa office/border office find out about where I am? Should they mention me?(My guess is a no, but how safe is that?)

    Thank you for your time and answering!

  • #2
    1. The wait between filing I-130 and adjustment for spouses of green card holders is about 2 years and you must be in a valid status at all times. Then the adjustment takes about a year.

    2. Your best bet is to wait until he naturalizes and file then. Overstay doesn’t matter for spouses of US citizens. Getting married now won’t hurt anything. If when your green card is approved, you’ve been married less than 2 years, you’ll get a 2-year conditional green card. If you get married now, your 2 years might be up by the time the green card is approved and you’ll get a 10 year card.
    Adjustment of Status c(9) 400 days
    Married: 8/18/17
    Package Sent: 10/16/17 ~~ Received (PD): 10/19/17
    I-485 Status - "Biometrics Fee Received": 10/28/17
    Biometric Appointment (11/16/17) Received: 11/3/17 Done: 11/9/17
    EAD/AP Approved: 1/4/18 (Day 77) Notices & Card Received: 1/11/18
    EAD/AP Renewal Received: 10/4/18
    Interview Notice & EAD/AP Renewal Receipts Received: 10/9/18 (Day 355)
    Interview date: 11/13/18 ~ New Card Being Produced (Day 390)
    Card in hand! 11/23/18 (Day 400)

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X