Can my boyfriend stay here in the US after September while his I-485 is pending? 9 Answers as of July 25, 2013

I'm a permanent resident, I've found out that F2A visas will be current in August 2013. My bf arrived here last month to visit me and his relatives with a tourist visa. He is allowed to stay here until September. If we marry and then file I-130 petition and an adjustment of status (since there is an available visa number) before his legal status expires, can he then stay here in the US after September while his I-485 is pending?

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Law Office of Sylvia Ontaneda-Bernales | Sylvia Ontaneda-Bernales
Because you are not a US citizen, after you get married, your new husband will need to return to his country of origin and go through Consular Processing in order to get a Green Card and return to the US with a valid visa.
Answer Applies to: Maryland
Replied: 7/25/2013
Law Office of Adebola Asekun | Adebola O. Asekun
If a visa is available in the F2A category in September, you can concurrently file the I-130 and I-485 adjustment application. As an LPR, you husband, the beneficiary must in legal non-immigrant status when his properly non frivolous adjustment application is filed.
Answer Applies to: New York
Replied: 7/25/2013
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If the visa bulletin will show current priority dates for the f2a category and you are able to get married and submit all the paperwork for the month when it is current, he will be able to remain in the US to await the adjudication of the I-485.
Answer Applies to: California
Replied: 7/25/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Technically, yes, he could stay in the U.S. until the I-130/I-485 are adjudicated. The problem in this case is two-fold: on the one hand, we don't know whether F2A category will remain current for long (I will not be surprised if a backlog will develop again by the end of the first week of August, and USCIS will stop accepting simultaneous I-130/I-485 filings); on the other hand, if you marry your boyfriend less than 3 months after he entered the U.S. on a tourist visa, USCIS will accuse him of a visa fraud (that he deceived the U.S. consul when he said he was coming to the U.S. without intention to stay here, while intending to marry you) overcoming this presumption of fraud is not impossible, but isn't easy, either. You should find an immigration attorney who would help you see this case through, and discuss with him/her the path you should take.
Answer Applies to: New York
Replied: 7/25/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
It may be possible, but it might also be very risky. I would need to speak to your boyfriend about his intentions when coming to the U.S.
Answer Applies to: New York
Replied: 7/25/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    He can stay as long as he applies for adjustment of status while having lawful status.
    Answer Applies to: California
    Replied: 7/25/2013
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    When his priority date is current, he can file the I485 application. Ideally, you file this while he is still in status in the US. With that timely filing, he is allowed to remain in the US while the application is pending. Some people do overstay and then file for a green card, however I cannot advise that he does this and if you are considering it, then you must have a consult with a competent immigration attorney to look at consequences.
    Answer Applies to: California
    Replied: 7/25/2013
    Law Office of Bill Travis Klein
    Law Office of Bill Travis Klein | Bill T. Klein
    Generally speaking without further details, no he can not stay here legally after his status expires. There may be other options depending on many factors.
    Answer Applies to: California
    Replied: 7/25/2013
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    Yes, if the numbers stay current and you do everything properly.
    Answer Applies to: Virginia
    Replied: 7/25/2013
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