Can my boyfriend get his green card through me being a US citizen? I Have been a Citizen for less than 2 months, he is in Uganda

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I live in Alexandria VA and would like for my boyfriend of three years to come here. While he is here we would like to get married but I'm wondering....DO I have to wait three years before he can come and file for citizenship under me or can he come for a visit and get married during the visit and have him file for citizenship or a green card through me while he is here. Is that possible?

Attorney Answer

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Deniz Arik ·
You have a few options. First, you could apply for a K-1 visa, a fiancee visa, which would allow him to enter the U.S. as your fiancee, and you would have 90 days to get married. He could then obtain his residency, but would have to wait three years to apply for citizenship. Second, you could travel to Uganda and get married, and then file an I-130, Petition for Alien Relative on his behalf. He would then process through the U.S consulate in Uganda, and come in as a resident. Again, he would need to wait three years to apply for citizenship. Third, he could come in for a visit and you could get married, however, when applying for a visitor's visa, you are applying for just that, a visitor's visa. So if you come into the U.S. as a visitor and then get married, it sometimes is problematic at the adjustment of status interview because you represented to the consulate you were coming in to visit, with no intent to stay. If you were to take this risk, then after he arrived in the U.S., and you married, you could file an I-130 and I-485, Application for Adjustment of Status, simultaneously. But there are still many unanswered questions regarding his qualification for these three hypothetical possibilities. Has he ever been to the U.S.? How long have you know each other? Where did you meet? You need to find an attorney to go over all of these details with you, so you can decide which is the best option for you to pursue. However, in any event, your fiancee would have to wait three years after obtaining his residence to get his citizenship (assuming you stay married, otherwise, he has to wait five years.) Sincerely, Deniz S. Arik, Esq. The Law Office of Deniz S. Arik, PLLC 2942 North 24th St. Suite 114 Phoenix, AZ 85016 602.334.8786 (t) 602.424.5757 (f) [email protected] Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.
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