Married to Green Card holder

[Bea123 1]

Currently I am on B2 status (3 more month left). 
I will marry green card holder next month, and he will file I-130 for me. 
He can apply for citizenship only in 4 years, so at that time I will be out of status long way. 
Big possiblility F2A category visa will be available sooner than US citizen to my husband. 
Question: If visa will become available and I will be out of status do I still receive GC? Or I have to wait and do adjustment of status? 
Thank you.

[TNJ17 1,329]

I don’t understand. Why are you gonna be out of status? Get married and adjust status if you’re in the country. If not get married and file for CR1. You don’t have to be a citizen to get married. 

[Roel 7,191]

You cannot overstay your torusit visa even 1 day or you'll be ineligible to receive your green card. Your aos will be denied. Right now spouses of green card holders have to wait 2 years for their visa. And there is no way you can keep your status that long. 

 

You will have to return to your country if you ever want to be approved for the visa. Harsh truth but only spouses of us citizens can overstay without much consequences. 

[Liam2021 561]

1 minute ago, TNJ17 said:

I don’t understand. Why are you gonna be out of status? Get married and adjust status if you’re in the country. If not get married and file for CR1. You don’t have to be a citizen to get married. 

OP will married a GC holder, not US Citizen.

[Roel 7,191]

1 minute ago, TNJ17 said:

I don’t understand. Why are you gonna be out of status? Get married and adjust status if you’re in the country. If not get married and file for CR1. You don’t have to be a citizen to get married. 

The process of aos is different for green card holder spouses. She will be out of status from her torusit visa hence she will not receive a green card. It's not forgiven in her case. 

[Bea123 1]

TNJ17, I cannot apply for AOS (adjust of status) or CR1 because my husband to be is only green card holder.

[TNJ17 1,329]

1 minute ago, H&T said:

OP will married a GC holder, not US Citizen.

Yes I know that. Which is why I said you don’t have to be a citizen to get married. Her post makes it sound like she can only adjust status after he becomes a citizen which is not true. 

[Bea123 1]

Thank you Roel. I thought so......

[Roel 7,191]

1 minute ago, Bea123 said:

TNJ17, I cannot apply for AOS (adjust of status) or CR1 because my husband to be is only green card holder.

Basically you have to leave US before your legal tourist status expires. 

[arken 4,197]

1 minute ago, TNJ17 said:

Yes I know that. Which is why I said you don’t have to be a citizen to get married. Her post makes it sound like she can only adjust status after he becomes a citizen which is not true. 

She is true. She cannot adjust status as a spouse of a GC holder while being out of status.

Edited March 14, 2018 by arken

[Liam2021 561]

1 minute ago, Bea123 said:

TNJ17, I cannot apply for AOS (adjust of status) or CR1 because my husband to be is only green card holder.

Technically, you can apply for AOS when your visa available. However, It will took USCIS a year to approved it, and you  may be out of status since B2 can't stay in US for that long.

[TNJ17 1,329]

Wait yeah only US citizens can apply for CR1. I was under the impression that LPRs could. Ok then never mind. 

[arken 4,197]

To the OP, after marriage.

1. Leave US on time and pursue F2A, you will probably immigrate in 2-2.5 years or earlier.

2. Stay in the US with constant fear of

deportation for next 4 more years since you can only file for AOS after he becomes citizen.

[arken 4,197]

4 minutes ago, H&T said:

Technically, you can apply for AOS when your visa available. However, It will took USCIS a year to approved it, and you  may be out of status since B2 can't stay in US for that long.

That means, technically, she can’t file for AOS.

[Our Journey 73]

Marry, leave the country and apply for F2A category. Be sure to not overtaying your B2 visa.

Do things correctly and not look for problems in the future.