if he comes to america and we get married can he stay while we file the forms for his green card, or does he have to go back at the end of his 90 day passport?
2007-01-17 06:55:02 · 5 answers · asked by soul_4_hire 1 in Politics & Government ➔ Immigration
he has to go back and you must file a petition for a k3 (spouse ) visa .he must wait in uk while the case is pending(between 6-8 month).
another way would be that you file now for a k1 (fiance )and after the paperwork (3-6 month ) he comes to the usa , you guys marry inbetween 90 days and he can stay .
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
http://london.usembassy.gov/cons_new/visa/iv/spouse.html
http://london.usembassy.gov/cons_new/visa/iv/fiance.html
2007-01-17 13:52:45 · answer #1 · answered by Anonymous · 0⤊ 1⤋
I believe he is allowed to stay while waiting for the process of acquiring a green card to go through. This would apply to anyone in the process of applying for a green card, married or not. If he has a ninety day visa, he will have to renew that visa or begin the green card application process before the ninety days are up.
2007-01-17 15:05:34 · answer #2 · answered by fangtaiyang 7 · 0⤊ 0⤋
ummm, he has to go back if the paperwork doesn't go through within that time. and if you wait until you are married to make the appointment....the wait can be months, and that time would be gone before you filed a single paper. plus, he's got to work right? the work permit takes a while too. ...i thought you could be in the US for 6 months on a tourist visa...i guess i'm wrong.
2007-01-17 15:16:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
if he is here illegally he will. So if he overstays his visa. And you will have a long wait to apply for residency, so yes, he will have to return until approved! unless he can extend his visa.
2007-01-17 15:27:41 · answer #4 · answered by Mendi8a 5 · 0⤊ 0⤋
ask the dept of immigration
2007-01-17 14:59:37 · answer #5 · answered by Anonymous · 0⤊ 1⤋