New York, NY asked in Immigration Law for New York

Q: I am waiting for RFE respond for my H1b. Can I marry a green card holder who will be citizen in 2 years?

I came to the U.S on a F1 visa. Started my OPT in February 2017 and company sponsored me for the H1b.

In April 2017, I got selected in the lottery and received a month later a RFE. Submit the RFE and since August 2. 2017 my case is pending.

I have a boyfriend for 3 years. He is on his green card for another 2 years (end of 2019) can i marry him once i receive the h1b?

What if my case gets denied? what options do I have?

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3 Lawyer Answers
Roger Carl Algase
Roger Carl Algase
Answered
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: Having a pending H-1B case or green card case is not normally an obstacle to filing a different green card case. However, your situation appears complicated, and a personal consultation with an experienced immigration lawyer would be strongly advised.

Myron Morales
Myron Morales
Answered
  • Immigration Law Lawyer
  • Austin, TX

A: You can get married and submit an I-130 now. It can be upgraded once he becomes a citizen. You will still need to maintain an underlying nonimmigrant status, such as an H-1B or an F-1. Some people that have H-1B denials will go back to school on an F-1.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: You can marry him at any time, and he can file an immigrant visa petition on your behalf. You might still need to return to your country of origin to apply for an immigrant visa, but an immigration attorney can help you consider options.

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