Re-ask the question:
I'm gay and new resident in the USA since 2 months. I have boyfriend in Turkey.His nationality is Turkish. He's going to come to the USA and want to be legal resident here. My question is: Can he take the resident permit after we get married here in the STATES ? by the way,I asked this question before 1 day and you have replied to me asking me about my visa, my current visa is (I-94) I came as a refugee. I will take the green card after 10 months. so, if it's possible for him to be a resident legally after getting married, is it work before I take the green card ? or I should take the green card first , marry and submit for the resident permit for him ..? I'm Iraqi and live in Seattle WA.
I really will be thankful and grateful for you if you answer me with some details.
1 Answer from Attorneys
If you marry in a State that recognizes gay marriage, and you are married before you file for adjustment of status (form I-485), then your spouse should be able to apply with you, as your derivative beneficiary.
Keep in mind that your prospective spouse must have a legal entry AND remain in legal, non-immigrant visa status up until the time you (& he) are eligible to file for adjustment. So, if he enters as a visitor & his B-2 visa expires a few months before you are eligible to file for adjustment, then he will be ineligible to file with you.
Now, if you wait until you are a Legal Permanent Resident to file an I-130 petition on his behalf, you have to take into consideration the processing time on the I-130 & the backlog until he would be eligible to file for adjustment. During that time, he would either need to remain abroad or maintain a legal, non-immigrant visa status.
The only way your spouse would be able to overstay a visa & still adjust status is if you were a U.S. citizen.
I hope this information is helpful & I wish you two the best of luck! Feel free to contact me if you have any questions or need further assistance.
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