Legal Question in Immigration Law in Maryland

my boyfriend is a greencard holder. He made me pregnant 2 months ago and proposed to marry me last week . I agreed because I love him. My visiting visa has expired and he is insisting I should not go back to Kenya because he will file for me to remain here with him after our marriage.

Can he truly file the I-130 for me after our marriage?


Asked on 12/30/10, 5:21 pm

3 Answers from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

He can file the I-130, but that does not make you legal. How long has he been an LPR?

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Answered on 1/04/11, 6:11 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

The i-130 can be filed after marriage, but you cannot adjust status until your husband becomes a U.S. citizen. Additional information is here: www.h1b1.com/Uscitizen.htm

You can call our law firm at 212-268-3580 during business hours or email [email protected] for guidance.

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Answered on 1/04/11, 6:12 pm
Dianne Brooks The Mandel Law Firm

Once you are married, your LPR boyfriend can file a petition for you and you can adjust although you are in the second preference category meaning that there may not be a visa immediately available (once has to check the visa bulletin at the State Department.)

Please feel free to call my office at (646) 430 9384 x101.

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Answered on 1/05/11, 8:09 am


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