How can I get my boyfriend to stay in the US permanently? 9 Answers as of August 22, 2011

I am a green card holder and my boyfriend has a tourist visa that will expire on january 2012. How can I get him in the US so that we will stay forever? We are planning to get married. Can we get married here in USA and then I will file a petition? What's the best and fastest way to do it?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Before his visitor visa expires you should explore changing his status to another visa type. You would need a consultation to discuss what he might be eligible for. I recommend doing this before you get married as that will indicate to USCIS that he intends to stay in the U.S. and many nonimmigrant visas require you prove he intends to return.
Answer Applies to: California
Replied: 8/22/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You are a permanent resident and therefore, your husband will not be your immediate relative. For spouse of a permanent resident, there is a wait time of 2-4 years. During this time, your husband may not stay in the US unless otherwise permitted.
Answer Applies to: Nevada
Replied: 8/17/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
You need to be a U.S. citizen in order to petition for your boyfriend as an immediate relative; otherwise once his tourist visa expires he is in the U.S. in unlawful status.
Answer Applies to: Florida
Replied: 8/14/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
There are several options available.
Answer Applies to: Texas
Replied: 8/13/2011
Fong & Associates
Fong & Associates | William D. Fong
It is a three year wait if you are an LPR and you marry and petition for him. This filing does not give him authorization to stay in the US or work in the US. He would need to have an independent nonimmigrant visa status to stay until his priority date is current and can file his permanent residence. If you were a US citizen, he can file immediately.
Answer Applies to: Texas
Replied: 8/13/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You must first become a U.S. Citizen for your boyfriend to be able to stay and obtain a green card as your husband. Although you can file a visa petition on his behalf as a permanent resident, it will take a number of years before he gets resident status. The petition does not make his stay legal.
    Answer Applies to: California
    Replied: 8/12/2011
    Law Office of Jaclyn Miller
    Law Office of Jaclyn Miller | Jaclyn Miller
    You should obtain a consulation from an experienced immigration attorney.
    Answer Applies to: New York
    Replied: 8/12/2011
    Law Offices of Sally Amirghahari
    Law Offices of Sally Amirghahari | Sally Amirghahari
    It all depends to his situation. Generally, there are many options that we are able to convert a tourist visa to a more permanent visa and then to a green card status. However, we need to know more about that individual to determine which option would work best for him. You and your boyfriend can get married and we can start a petition for him. However, he probably have to leave the U.S. until a visa is available. If you would like to talk about your options, please contact my office and I will be happy to talk to you more in details.
    Answer Applies to: California
    Replied: 8/12/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    For a complete picture I highly recommend taking the time for a full paid consult with a competent immigration attorney. You can sponsor him but it will be a few years until he can apply for the actual green card. When you are a USC, then it will be much faster. There are a lot of issues here, like him accruing a 3/10 year bar so please see an attorney to plan the best course of action.
    Answer Applies to: California
    Replied: 8/12/2011
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