I have a question about marrying to a greencard holder. My niece is visiting her boyfriend in the U.S. on a visitor's visa. Her boyfriend has greencard and is eligible to apply to become an U.S. citizen a year from now. There first plan was to get a student visa and wait until he becomes citizen next year before they get married. But her student visa application was rejected. Her visitor's visa will expire soon. They have dated for more than a year over long distance and do not want to be separated further. Please advice on what their options are for her to continue staying in the U.S.Thanks
Has your niece committed to remain in the United States only with lawful status?
When does her visitor visa expire?
Do you know why her student visa was rejected?
To answer your question: 1. Yes, my niece is commited to remain in the U.S. with lawful status. They do not want to have bad record that might affect her eventual application for permanent resident.2. She came to the US on B2 visa on Feb 8th with initial application stating visiting me (aunt). The visit is good for 3 months I.e. expired on May 8th. She was lawful to stay passing the expiration date due to the student visa application. Because of the rejection she received yesterday, she is required to leave U.S. immediate (within 30 days).3. The rejection is based on the short duration (less than 1 month) between her entry to U.S. and application to change visa status (from B2 to F1). The purpose of the initial B2 application was suspected. The exact wording is copied below:"... The record reflects that you entered the US as a B2 nonimmigrant visitor on Feb 8, 2012, and applied for change of status to an F1 student on March 11, 2012. ...less than four weeks after your entry into the US. It appears that you had the intention to study in the US prior to your admission. Your intention was concealed from USCIS at the time of entry""It is concluded that prior to your admission as a nonimmigrant visitor, you had the intention of studying in the US, and that this intention was concealed from USCIS prior to entry. By doing so you circumvant the normal visa issuance procedure for nonimmigrant and you were not a bona Fidel non immigrant visitor at the time of your admission. Accordingly you have not established that the favorable exercise of discretion of the attorney general is warranted"...."The decision may not be appealed, however, if you disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may submit a motion to reopen or a motion to reconsider by completing a form I-290B, notice of appeal or motion....."Their immediate question is that if they get married now, will she be legal to stay in the US or she is required to return to home country still?Thanks,
Thank you for your very detailed response. Unfortunately, even if your niece were to marry at this time, it would not provide her lawful status in the United States because her lawful permanent resident visa/green card would not be available based upon a petition by a lawful permanent resident. Your niece would be required to depart the United States and the US Consulate would issue her visa.
On the hand, your niece could choose to file a motion to reconsider if there is evidence that she did not intend to change to a student visa when she initially entered the United States.
Other than filing a motion to reconsider, there are not really any viable options for your niece to remain in the United States with lawful status without a I-130 petition by a U.S. citizen immediate relative.
It would probably be a good idea for your niece to consult with a immigration lawyer to determine whether it is worthwhile or to her advantage to file the I-290 B.
Otherwise, your niece would need to be leave the United States as soon as possible to avoid any negative consequences for her future immigration options.
A question about the "I-130 petition by a U.S. citizen immediate relative". I'm her aunt "her mother's sister". I am a US citizen. Will I be eligible for filing the petition?Thanks,
Unfortunately, "no", as an aunt would not be considered an immediate relative of a U.S. citizen for immigration purposes.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).