At what point can of her application my fiance petition for me to stay in the US

My fiance UK resident and former holder of an expired green card is going
through the process of a new green card application filed by her 26 year old son
US citizen and so far has her I-130 receipt and is about to file her adjustment
of status form. I am here in the US with our 6 year old daughter until October.
Can she start to petition for me now? If not at what point can she start the
process? And will I have to return to the UK first or is it possible for me to
stay in the US?

Asked on June 18, 2019 under Immigration Law, Florida

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Your fiancee cannot file anything on your behalf if she does not have status in the US yet.  Secondly, if you are not yet married, she cannot petition for you as a green card holder.  Only US citizens can petition for their fiances.  If you are already married, she can petition for you only once she gets her green card but then that will be a process that will take several years as a spouse of a green card holder is not considered an immediate relative with visas immediately available.  Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.


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