Can a foreigner with a valid US visa marry a permanent resident and file a petition?

Answer 1

The person can file for permanent residency, but being married does not assure that it will be granted. Even marrying a U.S. citizen does not guarantee that the spouse will be granted citizenship, permanent status or not be deported. For more specific information pertaining to the issue at hand visit http://www.uscis.gov

Answer 2

Yes, the spouse would be able to file a petition (I-130). However, since the spouse is only a permanent resident, a spouse visa would not be available for some 3-4 years. Therefore, the foreigner would HAVE to return to their native country and wait for the spouse visa to become available. The foreigner can only stay in the US if he/she is under any other visa that would allow lawful stay (for example an F-1 student visa or H-1B visa, but NOT a B-1/B-2 visa)

Answer 3

Yes. A permanent resident who resides in the United States can usually sponsor a spouse to gain permanent resident status as well if the marriage is in good faith and not just for obtaining a green card for the foreign national.

As the sponsor is not a US citizen, there are limits on the number of persons who can be admitted as the spouse of a permanent resident (F2A Family preference category) resulting in a wait time before the foreign national can apply for an Immigrant Visa or apply to adjust status. The Department of State visa bulletin contains the wait times. Currently the wait time from the time the I-130 Immigration petition is filed to a visa number being available for the foreign nation is just under 2 years.

In dealing with cases such as these, as an immigration attorney, I would first evaluate the eligibility of the permanent resident for United States citizenship, as the process would proceed much faster if the permanent resident becomes a naturalized United States citizen. I would also be interested in how the permanent resident gained his or her status, as a permanent resident who gains that status through marriage will need to prove that the marriage through which he gained a green card was in good faith before the USCIS will approve a petition for the second spouse if filed within 5 years of when the permanent resident first gained a green card through marriage.

In order to get a green card the foreign national must show that he or she is not inadmissible to the United States because of prior bad acts that include certain criminal convictions and immigration violations.

As the facts of each case is different, both parties to the marriage should consult an immigration attorney before entering the marriage.

Answer 4

Yes, as long as there was no intent to stay indefinitely in the U.S. when the person entered the U.S. on a B-1/2 visa.

Answer 5

no

Answer 6

NO