Q: I have submitted EB-2 NIW I-140 & I-485, if rejected, can I marry my fiancé(e) (US citizen) to avoid deportation?
Would this plan work:
If EB-2 NIW gets rejected -> marry my US citizen fiancé(e) -> apply for marriage green card?
Or do I need to get married before the rejection to avoid deportation or future difficulties in applying for a marriage green card?
Potentially relevant info:
My current visa is a F-1 STEM OPT (expiring 8 months from now), I won't have a job after this month until getting the EAD card from the pending I-485 (USCIS just received my case yesterday). USCIS received my I-140 three months ago.
A: As long as there are no other red flags on your file, that would probably be fine. However, if that happens, you should be overly prepared for the extra scrutiny such a move will likely bring to your marriage application. I highly recommend hiring an attorney to help you with your marriage application if your EB-2 is denied.
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