Is it possible to get marry a green card holder if I am on B1/B2 visa ?

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I am here in USA on B1/B2 [ Business] visa. I am getting married to green card holder in next few months. We are planing to register our marriage in US so that we can apply for my I-130. I don't want to do anything illegal so I m planning to come back before my I-94 [permission upto 6 months to stay in USA] expires. My questions are: Till my I-130 gets approved can I keep going to USA and coming back to India on my b1/b2 [visitor] visa? How much time normally will it take to get my I-130?? Is there any better way to get a permission to stay with my husband till I get my I-130? How much long it will take to get my green card ?

Attorney Answers

3
Donald Smith ·
a person admitted as a visitor may marry a green card holder. the person marrying a green card holder does not have the right to remain in the US by that marriage or the filing of the I-130. It is 18 months before the sponsored spouse may file for a green card. during which time the sponsored spouse must be in legal status or outside the US.
0 upvotes
Lawrence Linden ·
There are several responses to your question that require answers from you before committing myself to resolve your question. First, if your spouse- to -be is a permanent resident, depending on your country of origin, you will have to be on a waiting list called a Priority Date that moves up or down every month. As a tourist you cannot travel into and out of the country as an intending immigrant because of a policy called "preconceived intent." A tourist visa is not a dual intent visa. How much longer before your fiance is eligible for naturalization? These questions require an interview with an experienced immigration attorney. Call 516-660-6189 for an initial free office consultation to prevent you from doing something that would possibly prejudice your future status in the U.S.
0 upvotes
Tripti Sharma ·
You may not be eligible for entry as a non immigrant with an immigrant intent.
0 upvotes

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