Permanent resident here, want to see my options in sponsoring my tourist partner

[spacecowboy77 0]

Hi all,

 

My partner is currently here on a 1 month vacation. He has a B2 visa. I want to marry him and sponsor him while he's still in the US. Long distance relationships is taking its toll on me. He is open to the idea as long as we're not doing anything illegal.

 

I've read the process of AOS but it only mentioned US citizens, not permanent residents. What steps should I do to process AOS for him and what is the usual timelines? I just want to give him realistic expectations and weigh alternatives.

 

He could always go back and wait for a petition but that might take longer to process, and I'd prefer we stay together rather than apart. We are more than a decade together now and would have no problems proving our relationship.

 

Thank you to anyone who can help!

[Crazy Cat 39,270]

You are a Green Card holder, and no one has previously filed an I-130 for him. Is that correct?

[spacecowboy77 0]

Just now, Crazy Cat said:

You are a Green Card holder, and no one has previously filed an I-130 for him. Is that correct?

Yes that is correct. He has only held a B1/B2 visa.

[Crazy Cat 39,270]

9 minutes ago, spacecowboy77 said:

Yes that is correct. He has only held a B1/B2 visa.

He cannot adjust status through you as he does not have a current I-130 priority date...per the March 2024 Visa Bulletin,  To adjust status, he must have a current priority date, and he must remain in legal status until he adjusts status.   If you were a US citizen, it would be different.

Visa Bulletin For March 2024 (state.gov)

 

Edited March 6 by Crazy Cat

[spacecowboy77 0]

Ok got it, so the only option would be to go back home and petition him while he's in his home country?

[EmilyW 1,222]

That's correct.

 

When will you be eligible to become a US Citizen, and how did you get to the US (which visa category)?

 

[spacecowboy77 0]

29 minutes ago, EmilyW said:

That's correct.

 

When will you be eligible to become a US Citizen, and how did you get to the US (which visa category)?

 

Not for another 1-2 years. I'm EB3 skilled worker.

[Crazy Cat 39,270]

7 minutes ago, spacecowboy77 said:

Not for another 1-2 years. I'm EB3 skilled worker.

You can marry before or after he returns to home country, then file the I-130. After you become a US citizen, you can upgrade the visa category to immediate relative if a visa number has not become available. That will, then, make a visa number immediately available.  

[Dashinka 23,251]

16 minutes ago, spacecowboy77 said:

Not for another 1-2 years. I'm EB3 skilled worker.

So get married and file the I130 now and in 1-2 years you can upgrade it to an IR1 (from F2A), and he should be very close to getting a visa at that point.  He can continue to use his B2 visa for visits, but don't  abuse it, short visits with plenty of time in between visits.  I know LDRs can be a real pain, but for a couple years of pain, it can be a great many years of joy.

 

Good Luck!

Edited March 6 by Dashinka

[spacecowboy77 0]

Thanks to you all guys, will follow your advice. Really appreciate it.

 

Short visits in this case means 1 month? Would stays of 3-4 months be suspicious?

[Crazy Cat 39,270]

5 minutes ago, spacecowboy77 said:

Would stays of 3-4 months be suspicious?

Not a good idea.  If CBP even suspects he is trying to live in the US on a B2 visa, he could end up with bigger issues.

Edited March 6 by Crazy Cat

[spacecowboy77 0]

Ok, thank you. 1 month is too short but rather not risk it. 🥲

[Crazy Cat 39,270]

10 minutes ago, spacecowboy77 said:

Ok, thank you. 1 month is too short but rather not risk it. 🥲

You can meet outside the US also.

[SalishSea 16,776]

4 hours ago, spacecowboy77 said:

Thanks to you all guys, will follow your advice. Really appreciate it.

 

Short visits in this case means 1 month? Would stays of 3-4 months be suspicious?

How would he be able to afford that much time off as a tourist?   That will be the question CBP has.   B2 holders are not permitted to work at all in the U.S., even WFH/remotely.

[SalishSea 16,776]

3 hours ago, spacecowboy77 said:

Ok, thank you. 1 month is too short but rather not risk it. 🥲

This is just the reality when you choose to have a long distance relationship.   Most of us here have done it.  
 

It will be several years until he receives an immigrant visa, so best to plan your visits in such a way that you don’t compromise the B2 privilege.