Regarding marriage to a green card holder and file i-485

[urmilashah]

Hello All,

I have a question.

I am expecting my i-360 VAWA application result soon.

Question - Suppose my VAWA i-360 got denied;

a. can I marry a greencard holder immidiately?
b. can he send my petition immidiately to uscis after my i-360 denied so I can stay in usa? Is there any problem in doing so?

[shiva_82]

Sorry but your intention of marrying someone should not be for obtaining legal status. That is against the regulations and will be questioned I believe.

[newacct]

The spouse of a permanent resident is in the F2A category. You can only do Adjustment of Status (I-485) in this category if you are in status at the time of filing the I-485, and have never previously been out of status. Have you maintained your nonimmigrant status until now?

[urmilashah]

1) I was out of status in USA just for 2 months before. Otherwise I have always maintained my immigration status.

2 ) Second thing is if suppose my VAWA i-360 got denied , uscis will give me 1 month to leave the country, so within that time period can a green card holder file my new petition ?

3) marriage is going to be in good faith not for maintaining the status.

Please suggest.

[urmilashah]

Is there any waiver available if I am out of status and willing to marry a green card holder ?

[urmilashah]

Or Can I marry now to a greencard holder when my VAWA application is still pending ?

Please replay.

[newacct]

1) I was out of status in USA just for 2 months before. Otherwise I have always maintained my immigration status.

2 ) Second thing is if suppose my VAWA i-360 got denied , uscis will give me 1 month to leave the country, so within that time period can a green card holder file my new petition ?

3) marriage is going to be in good faith not for maintaining the status.

Please suggest.

If you have been out of status for any amount of time in the past, you are not eligible for Adjustment of Status in this category. (Also, I doubt you are maintaining status now; a pending application is not status.)

Your spouse can petition (I-130) you at any time, but you cannot do Adjustment of Status (I-485). This is an eligibility condition of Adjustment of Status; it is not a ban and cannot be "waived". You can however leave the US and do Consular Processing abroad. However, leaving the US will trigger a ban if you have accrued more than 180 days of unlawful presence. Without knowing what status you had, what date was on your I-94, etc., it is impossible to determine whether you have accrued unlawful presence.

If your spouse becomes a citizen and you are still in the US, you can do Adjustment of Status.

[urmilashah]

Hello,

My i-360 VAWA and i-485 application is pending. I came back from India recently on Advance Parole so the date on my I-94 is Dec-25-2021.

Before that my total out of status stay in USA was 2 months (60 days).

Now, my only concern is can I marry a green card holder when my VAWA I-360 and I-485 application is pending ?

I am aware that the moment I got marry my I-360 will be cancelled but at least my husband can then file for my new i-130 and i-485 ?

Thank you,
Urmila

[newacct]

Like I said, you are not eligible for I-485 based on the I-130 from your permanent resident spouse, because you had been out of status at some point in the past. So it would probably be best to wait to see the outcome of your I-360 before you marry. If you want to immigrate based on your spouse's petition, you would either have to leave the US and do Consular Processing, or wait until they become a US citizen for you to do Adjustment of Status (if you are still in the US by then).

[urmilashah]

ok.. I get your point.

And suppose if I leave the country and do consular processing and as the date of F2A category (green card holder is current) , how much time approximately it takes again coming back to USA ?

Because in case of usa citizen it takes around 1 and half year..

Thank you,
Urmila

[newacct]

It's impossible to say. For Consular Processing, you have to first wait until the I-130 is approved by USCIS, before it goes to NVC and the consulate. During good times, this whole process can take a year; but now, who knows? The problem is that your future spouse can only file I-130 after you guys marry, and marrying will disqualify you from the I-360 if it's still pending. And if you wait until the I-360 is decided before marrying, it is either approved or denied. If it is approved, then there is probably no need for you to immigrate through your spouse anymore. So if I-130 is filed, it would probably mean the I-360 is already dead (either you married while I-360 was pending, or you married after I-360 was denied), which would mean you can't stay in the US, so you would probably have to wait abroad for some time.

Is your fiance close to naturalizing?

[urmilashah]

No he is not, that's the issue. it is going to take another 3 years to become him a USA citizen. The other issue is I can not even go to any other status otherwise I-360 will be cancelled out.

I can see only 2 ways now if my i-360 is denied. first is wait till 3 years or go for consular processing.

Thank you,
khushbu.