Would I have to leave the country once my fiance applied for I-130? 8 Answers as of December 10, 2013

I came to the US when I was 11 with a B2 visa and overstayed. I'm now 26. I applied for deferred action for childhood arrival and was approved. My fiance is a permanent resident. Can he apply for the I-130? Would I have to leave the country? My deferred action for childhood arrival expires in 2015 and I can reapply.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You would not have to leave the country to legalize your status.
Answer Applies to: California
Replied: 12/10/2013
Law Office of Adebola Asekun | Adebola O. Asekun
You do not have to leave US after your LPR husband files your husband I-130 petition. However since you are out of status, you will be able to adjust only if your husband becomes a US citizen. So, it is suggested that your husband should apply for naturalization as soon as possible,. When he becomes a US citizen, then, you can apply to adjust status.
Answer Applies to: New York
Replied: 12/10/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Your fiance can file an immigrant petition for you, but he would also have to ask for a special waiver; if the government grants the waiver, you would have to go to your country for only a few weeks, to go through a consular interview. You might also wait with filing papers until your fiance becomes a citizen (no need to postpone the marriage, only filing of the papers). Because you originally came to the U.S. legally, with a visa, if you become a wife of a U.S. citizen, you would not have to go to your country before getting a green card.
Answer Applies to: New York
Replied: 12/10/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Your fiance may file an immigration visa petition for you, but you will not be able to seek adjustment of status in the U.S. unless your fiance becomes a U.S. citizen. Otherwise, you would need to depart the country to become a permanent resident. You would be best advised to discuss the matter further with an attorney as leaving the country entails certain risks.
Answer Applies to: New York
Replied: 12/10/2013
Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. | David Nachman
If you wait for your fiance to become a Citizen then you could apply for Adjustment and you should be able to get the green card in the U.S. Alternatively, if you obtain a travel document and leave the U.S. and then return as a parolee, you may be able to adjust using the F-2A classification if you get married and your fiance files for you as the spouse of a green card holder (and this classification was moving fairly rapidly we believe the wait time now is a few months). In general, and as there may be nuances with regard to your particular situation, we recommend that you consult with a qualified immigration counselor about your situation.
Answer Applies to: New Jersey
Replied: 12/10/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You would have to leave unless your finance becomes a US citizen. You only need a lawful entry if you apply through a US citizen spouse.
    Answer Applies to: California
    Replied: 12/10/2013
    Kapoor Law Firm, PLLC
    Kapoor Law Firm, PLLC | Shiv K. Kapoor
    Your fiance can't submit the I-130 for you until you are married. After that, it can be filed and you won't have to leave the country at that point. Once a visa is available, you would have to leave the country to get the visa since you are an overstay. However, you would face a bar to reentry, unless you get a waiver. Since you have DACA, a better option may be to wait until your husband becomes a US citizen. Since you entered the US legally, you would be able to adjust status without leaving the US.
    Answer Applies to: Texas
    Replied: 12/6/2013
    Law Offices of Linda Rose Fessler | Linda Fessler
    You can stay as long as you keep getting the renewal of the deferred action.
    Answer Applies to: California
    Replied: 12/6/2013
Click to View More Answers: