Legal Question in Immigration Law in California

I'm a GreenCard holder, living in California for 3 years & 3 months now. My fiance has a B1-B2 Visa, & he intends to come and visit me soon. & I think they give him a permission to stay 6 months once he enters the USA.

What should I do to keep him here with me without going back? I will apply for my citizenship in March 2014. So, there will be about a year of gap.

I need the Best solutions! Can we get married here? (Not in the first 90 days as far as I know.) & Can I file for him later? (& we know that they are not going to give him a green card until I get my citizenship). Or What other options do we have? I just don't want him to get deported & stay with me that 1 year gap.

Please Advise. Thanks in Advance.


Asked on 8/28/12, 10:21 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If he marries you now & overstays his visa, he will be out of status & subject to Removal if he gets caught. He will also not be legally authorized to work & won't be able to get a driver's license.

Your boyfriend should find a way to remain in the U.S. legally (non-immigrant visa, such as an H-1B, F-1, etc.) & then you can get married once you become a U.S. citizen & file for his "greencard".

I do not see any other "legal" options for him to remain in the U.S.

Good luck.

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Answered on 8/28/12, 12:25 pm


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