My love has a 10 visa where he must return every 6months

[Shane Boutot 0]

Hello.. my love is here from Costa Rica he has been here a month now and must return in January. He has a 10 year visa where he must return every six months.. what is we were to get married? What are our options for him to stay?

[Meg&Andrew 297]

You can get married and file AOS if he's already in the US. Follow this

 

http://www.visajourney.com/content/i130guide2

And that is assuming he had no intent of getting married when he entered the US 

[Shane Boutot 0]

Thank you for getting back to me... no he did not it's just happening .. he needs to return in January so can he stay?

[Meg&Andrew 297]

Yes you can get married and he can stay. Follow the guide that I posted in my previous comment. I am assuming by him having a 10 year visa, you mean he's here on a B1/B2 visitor visa correct? 

[Shane Boutot 0]

Yes

[Meg&Andrew 297]

OK just making sure so I don't misguide you.  Just follow the guides. Good luck. 

[Shane Boutot 0]

Thanks so much.. I don't mean to bother you.. reading the guidelines still seems like it can be dangerous for him with his visa when it comes to him going back and fourth he should just stay in the states perm I guess .. anyways thank you 

[Meg&Andrew 297]

No, he can't leave once you marry and file AOS until he has been approved for the appropriate travel documents. So it's definitely not a good idea. Now with that being said, if he's wanting to go back to his country you can still marry in the US, and he can go back home while you all wait out the processing. You would file the paperwork and he would undergo his interview and medical in his home country. He could possibly visit while you all wait for the process but It's hard to say if they will allow him back once you're married, as they can always deny a visitor visa at POE. 

He's the guide for that process as well 

 

http://www.visajourney.com/content/i130guide1

 

[TBoneTX 43,404]

Thread is moved from the Tourist Visas forum to the "Adjustment of Status from Work/Student/Tourist Visas" main forum.

[mallafri76 1,012]

What is it you’re looking for, because first you ask how he can stay and later you ask if he can continue to go back and forth? If you want to marry and create a life together in the US, then there are various paths depending on your circumstances:

 

Adjustment of Status (AOS) allows him to remain in the US while you wait for his papers but during this time, he can’t leave the US and he can’t work here. This path only works if you’re a USC and if he has no affairs to tend to before moving, such as home, car etc.

 

K-1 is when you file for him as your fiancé. Takes about 6 to 8 months and he would go back home while the k-1 is processing, so it’ll give him time to fix everything back home before moving to another country. Once he enters the US on the k-1, you’ll have to marry within 90 days and apply for his green card. He cannot work or leave the US until he gets his papers, such as the EAD, but it allows you to be together during part of the process.

 

CR-1 is the spousal visa. You get married on his visit to see you and then he goes back home while the spousal visa is processing. It takes about a year but he can usually visit on his tourist visa during this time. That again gives him time to finish up everything back home before moving to the US. With the spousal visa, he’s allowed to work and travel straight away after moving to the US. 

 

Hope this helps. Good luck with whatever path you choose.

Edited October 9, 2017 by mallafri76

[GabiMatch 161]

12 hours ago, mallafri76 said:

Adjustment of Status (AOS) allows him to remain in the US while you wait for his papers but during this time, he can’t leave the US and he can’t work here. This path only works if you’re a USC and if he has no affairs to tend to before moving, such as home, car etc.

That's half true, he can actually leave the country and work if he apply for and as soon as he get his EAD/AP card and it would roughly take about 3 to 4 months after your application is accepted.

Good luck!