Please, andwx, your answer simply exclude the possibility of V visa.
Please don't put "You can...", in the title, it should be "You can't...".
The only way for him is applying by himself/herself, otherwise leave US and wait abroad. No way he can stay in US without legal status.
Of course, someone can argue that he can stay here out of status until his wife becomes citizen. But he cann't travel abroad until he gets citizenship, that will trigger 3 or 10 years bar for admission. Even he can stay in US until he is qualified for applying citizenship, he will still need a pardon from immigration court for his out of status before his citizenship be granted. Too complicated? That reality.
Many people I know fly back to China several times a year to meet their family just because they only have green card rather than citizenship. Why? They are not stupid. That's the reason why there is an advice out there: for immigration purpose, marry with a citizen, even marry with a F1, J1, H1 is much better than marry with a GC. With F1, J1 and H1, you can be here as F2, J2 and H4, and you can apply GC along with your spouse. He/she gets GC, you get it. But with a GC, you have to stay abroad until your spouse becomes a citizen, then 2 years conditional GC, then formal GC. Long trip? This is also reality, unless President will sign another act for V visa and you are falling in the time frame.
Please don't put "You can...", in the title, it should be "You can't...".
The only way for him is applying by himself/herself, otherwise leave US and wait abroad. No way he can stay in US without legal status.
Of course, someone can argue that he can stay here out of status until his wife becomes citizen. But he cann't travel abroad until he gets citizenship, that will trigger 3 or 10 years bar for admission. Even he can stay in US until he is qualified for applying citizenship, he will still need a pardon from immigration court for his out of status before his citizenship be granted. Too complicated? That reality.
Many people I know fly back to China several times a year to meet their family just because they only have green card rather than citizenship. Why? They are not stupid. That's the reason why there is an advice out there: for immigration purpose, marry with a citizen, even marry with a F1, J1, H1 is much better than marry with a GC. With F1, J1 and H1, you can be here as F2, J2 and H4, and you can apply GC along with your spouse. He/she gets GC, you get it. But with a GC, you have to stay abroad until your spouse becomes a citizen, then 2 years conditional GC, then formal GC. Long trip? This is also reality, unless President will sign another act for V visa and you are falling in the time frame.
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