Can my soon to be husband stay in the US legally while he is waiting for his green card? 8 Answers as of February 18, 2014

I am a US citizen and my soon to be husband is visiting from China on a valid tourist visa. However his visa requires him to leave in a month - if we marry before he leaves would he be able to stay in the US while awaiting his green card?

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Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Yes. You can marry him in the US while he is visiting. Just wait at least a month before marrying after his last entry. You don't want it to look like he is coming to get married. That could be an issue when he applies for his green card. Please consult with an experienced immigration attorney before making any concrete plans.
Answer Applies to: California
Replied: 2/18/2014
Pius Joseph A Professional Law Corp. | Pius Joseph
Yes, possible but there will be a " dual intent" issue if he is coming in solely for the purpose of marriage. Consult a lawyer before you do anything.
Answer Applies to: California
Replied: 2/18/2014
Hoang & Tran PLLC | Adam Tran
Possibly. This is such an open-ended questions, that you will need to talk to an immigration attorney to flush out the details.
Answer Applies to: Texas
Replied: 2/18/2014
Law Offices of Linda Rose Fessler | Linda Fessler
He should leave. Then you should apply for a fiance visa. Once he gets it, he comes back into the country and you marry and he gets a conditional green card. If you happen to stay married for two years you can both petition to have the condition removed.
Answer Applies to: California
Replied: 2/18/2014
Coane and Associates
Coane and Associates | Bruce Coane
Generally, if a person marries a USA citizen in such circumstances and files all the proper papers, they can stay here and finish the green card case here.
Answer Applies to: Texas
Replied: 2/18/2014
    Law Offices of Rizwan M. Khalid
    Law Offices of Rizwan M. Khalid | Rizwan Khalid
    Yes as long as he has valid visa to enter the US he can file for status adjustment. I wound encourage you to hire an immigration attorney to do process properly.
    Answer Applies to: Pennsylvania
    Replied: 2/18/2014
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    He cannot solely remain in the United States, because he is married to a United States citizen. However, he may be able to remain in the United States if he has properly filed a marriage-based adjustment of status application. You would be best advised to consult an experienced immigration attorney about the matter.
    Answer Applies to: New York
    Replied: 2/18/2014
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