How can my boyfriend join me in moving to the US if I have EB1 status? 2 Answers as of April 01, 2011

I have been granted EB1 status and am in the middle of the process of getting my Green Card. Since my application my boyfriend has decided to move with me to the US - is this possible? I have an EB1/Green Card friend who took her husband with her no problem and he has a full 10 year Green Card (they had been married over 2 years) but I don't know if I can bring my boyfriend without marriage and even if we are married as it will be a new marriage if he'll be allowed to work. We'd prefer to get married in our own time rather than just so he can move but if we have to we have to. We're both British. What are our alternatives? Thanks!

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
In order for you boyfriend to be able to immigrant with you to the U.S. you must get married before you enter the U.S. with your EB-1 immigrant visa. Preferably, you should get married before your EB-1 immigrant visa interview. If you enter the U.S. and become a LPR before you are married, you will have to separately petition your husband and it will take approximately 5 years for him to immigrant to the U.S.
Answer Applies to: California
Replied: 4/1/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
No, you cannot get a green card for your boyfriend. As a British citizen, he is probably eligible for a visa waiver for visiting here or for a multiple-entry visitor's visa. I strongly suspect that your friend's husband, unless EB1 himself, does not have a green card but rather a multiple-entry visitor's visa, which is valid for ten years. If you get married, then as an EB1 with legal residency, you may apply for green cards for your spouse and children. Your spouse would be F1, an immediate relative preference, for an immigrant visa. There is a wait-list currently for F1 preference.
Answer Applies to: Washington
Replied: 4/1/2011
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