If I marry my boyfriend can he apply for residency? 4 Answers as of February 20, 2012

There is a way to do it but it really needs to be strategized correctly so that you understand the issues and potential problems involved.

Coming to the U.S. on a B2 Visa with the intent to marry is fraud. *K3 Petition* Since you are already married and your spouse is outside the U.S., it would be necessary to apply for the K-3 Visa. The particular visa is considerably faster than the Consulate Processing needed to bring your spouse in as a Lawful Permanent Resident. Here, we would apply for the K-3 Visa which would take about 6 months. After, your spouse is in the U.S., the Adjustment of Status package can be filed.

Yes he will be able to apply for residency without the need to leave the US.

Yes. You can apply for a green card when you are in the US on a tourist visa and married to a US citizen. You must be careful in timing the marriage correctly. If you marry too soon, you can have problems. I would recommend consulting an immigration attorney prior to getting married once he arrives in the US. Or better yet, call me for a free telephone consultation prior to his departure. Once he arrives, I would wait a month or two before getting married. And then the green card process only takes about 3 to 4 months from start to finish.