I am currently a permanent resident (green card holder), not a US citizen. I recently met a wonderful woman that I would like to marry. The thing is that she is here on a tourist visa. If we get married before she leaves, will I be able to file for a green card for her, and if so will she be able to stay here with me while she waits for it?

Please describe what she looks like naked. This is one of the most important factors to get a green card.

No she ca'nt stay here ,she has to wait in her home country while her visa becomes current ,which may take 4-5 years
Meanwhile if you become citizen you can change the category and she can come faster .
if she overstays here it will be very difficult for her in future even you become citizen.
ABOUT tb- Do'nt mind about tb ,he does jokes and humor on this site with every one

I'm not sure about this so input from others would be great.

It seems that she would be eligible to adjust her status according to the INS website:

http://www.ins.gov/graphics/howdoi/LPReligibility.htm

I would say it's ok after reading that and that when you do become a citizen, you can "upgrade" (whatever you call it) your petition and things will move a lot faster.

I don't think you will have any problem either way. If you marry her in the states, then she has to stay here and file, otherwise it will become a problem if you file overseas.
Friend of mine went back home, got married and filed for GC at the embassy, and after 3 months she came which I was very surprised. But don't forget that they are from the same original nation. I'm not sure if the law has been changed, but I will really suggest consulting with a 2 different immigration lawyers to make sure the information they will give you match.
Make sure she doesn't overstay her visa, that's very very important. good luck

Sorry, I didn't state that my friend is USC, and he filed for his wife at the embassy.

To
Marie and peace
The problem is ,he is a green card holder not USC.He ca'nt adjust status of his wife here even he marrys here
She has to go back in her home country until her visa becomes available ,it takes lots of time.
He can upgrade his petetion after he becomes USC
If she overstays now over 180 days the bar of 3 years will apply even he becomes USC

Advice, you are absolutely right, I didn't pay attention that he is Green Card holder.
Here is some informatin that may help you in the future or anybody else.Alien Spouse Visas


American Citizen - Foreign National Marriages


What Visas Are Available?

U.S. citizens presently have two options for facilitating the immigration of future spouses to the US: the K-1 fiance visa and the alien-spouse immigrant visa.

What is a Fiance Visa?

A Fiance(e) of a U.S. citizen is eligible for a non-immigrant visa conditioned on the conclusion of the marriage within 90 days.

How Long is the Processing Time?

In many cases, the processing time for a fiance visa is shorter than that for an alien spouse. Fiance(e) visa processing can take several months from the filing of the petition to the final adjudication of the visa total processing time for the alien-spouse visa can take 6-12 months depending on individual circumstances.

If your alien fiance(e) is already in the United States and plans to adjust status in the U.S., your lawyer will contact the Immigration and Naturalization Service (INS).



Marriage In the United States: Fiance Visa

What is an I-129f Petition?

U.S. citizens may file an I-129F petition with INS for the issuance of a K-1 fiance visa to an alien fiance. A citizen exercising this option must remain unmarried until the arrival of the fiance in the U.S., and the wedding must take place within three months of the fiance's arrival if he/she is to remain in status.

Also, the alien and U.S. citizen must have met personally at least once in the two years before the petition was filed. Legal permanent residents may not file petitions for fiance visas. They must marry abroad and then file an I-130 petition for the immigration of a new spouse.



Marriage Abroad: Alien-Spouse Visa

What is an I-130f Petition?

If a U.S. citizen marries an alien abroad, an I-130 petition must be filed after the marriage to begin the immigration process for the alien spouse.

This can be filed either with the (INS) in the United States, or, under certain circumstances, at U.S. Embassies or Consulates abroad. U.S. Embassies and Consulates have differing policies for approving I-130s and should be individually contacted about the availability of this service.

Prior to departure from this country, the U.S. citizen should contact the INS or appropriate foreign service post to ascertain exactly what documents will be necessary to file the immigrant petition for a new spouse.

The bottom line is she has to wait in her home country until her visa # becomes current.
LPR spouse ca'nt adjust visa like USC spouse.
Best thing is to file petetion now as LPR and upgrade petetion leter on when you become USC
There is no short cut or other way ,do'nt waste
money to any Lawyer.You can file this petetion yourself ,very simple

I forgot to mention
K1 is not available to LPR fiance ,The petetioner should be USC
She ca'nt get K1

Let me post what the INS page says :

On the page "Eligibility: Who may apply to become a lawful permanent resident while in the United States" :

"Family Member

You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.


You are the spouse or unmarried son or daughter of any age of a lawful permanent resident and you have a family-based visa petition approved in your behalf."



http://www.ins.gov/graphics/howdoi/LPReligibility.htm



To me that says : they can do it.

It's going to take a lot longer to get it approved but nowhere does it say that she will have to go home. If it does, I haven't seen it...please point it out to me.

Dear Marie, you are partially correct about the procedure; an LPR can most certainly file marriage-based petition for the spouse who is already in US, and in "DUE TIME" (read 6-7 years)the spouse is eligible to adjust status for permanent residency without going to home country. But the catch is in between the spouse MUST maintain lawful visa status in US whether it is F-1 or H-1B or any other. Of course with the V-visa provision, after 3 years of waiting since the petition has been filed, the spouse can obtain a nonimmigrant V-1 status (usually for 2 years at a time) which is currently handled by Missouri Service Center; with V-1, the spouse also qualifies for work authorization. So the wait continues until a visa number becomes available from State Depts. worldwide visa bulletin. Once visa number is available or priority date becomes current, the spouse files for I-485 and after a successful interview with INS becomes an LPR. Of course, in the middle of all this waiting game, if the LPR petitioner becomes a US citizen, then the spouse can file immediately for AOS rather than waiting for visa number or priority date to become current. Hope this clarifies.

Addendum:
I forgot to mention that in case the spouse does end up staying unlawfully upon the expiration of visa or violates the visa status then she has triggered the 3/10 year ban unless she had an F-1 visa where unlawful stay does not accrue. Under that scenario, without the reinstatement of 245(i), there is not much hope for the spouse for AOS in US as long as the petitioner remains an LPR; if the petitioner becomes a US citizen in the meantime, then however, the coast is clear.

The 3/10 year bar is only an issue if one has overstayed their visa, leaveS the country and then comeS back and applies to admission to the U.S., then depending on how long you overstayed you are inadmissible for 3 or 10 years. Its best for him to file the I130 now, i don't know how long it is for him to natuarlize, but once that is done just file the naturalization certificate and the spouse would have to pay $1000 super fee for the overstay.(I485A) This is done all the time.

I realise it's going to take much longer than if the petitioner was a USC. Still there is no mention of the fact that the person has to maintain a lawful status here.

I like to see things for myself...let me know where on the INS page it says that.
I would think that they would put that on that page, how to become a lawful permanent resident while in the US.

Marie, the nuance lies in the legal interpretation of INA (Immigration and Nationality Act). Spouse of a US citizen does not have to wait for an immigrant visa number; hence the spouse is not required by law to maintain a valid status while in US. On the other hand, the spouse of an LPR who must wait the availability of visa number under F2A category must maintain a valid status while in US because of the second preference categorization. In other words, an LPR's spouse does not have same privilege as the spouse of a USC.

I guess you're right..you'd think they would make that clear.

uno is absolutely right. Spouses of PR MUST maintain their own legal status if they want to wait for their green card in the states (like any other family-based immigration). The law is very unfair to PR in this aspect. Even the non-immigration visas such as H1 and F1 allow the visa holders' dependents to stay here legally!

She is currently on visiting Visa,Practically It
is very hard to maintain non immigrant visa for 6-7 years continuosly.
Suppose she mantains any non immigrant visa for 2-3 years and for any reason not able to renew or keep non immigrant status after that she has to leave her home country and if she applies again non immigrant visa there she will be denied as her petition is pending.
So i think best option is she should wait in her home country meanwhile if he becomes citizen she can come faster.
Only one mistake of out of status will become a big problem in future.
Say if she applies here for change of non immigrant visa and she waits for decision and if she is not approved she will be out of status
You ca'nt change B1 to F1 now in U S ,you have to go to your home country,If she marrys now she even ca'nt get F1 in her home country.

To Bachelor4Now:

Overall her best chance to continue to visit you during any required wait for a visa number (while you are still an LPR) is for her to show that she intends to abide by the terms of the tourist visa she now has.

If she tries to stay longer and longer, there may come a day when her tourist visa gets cancelled by INS and then she would have a tough time selling the embassy in her country on getting a new one.

But is she demonstrates that she has (and presumably will) abide by the terms of the tourist visa, by visiting you for an appropriate amount of time (based on her job/schooling/whatever) and returns to her country each time, then at least she can visit during the period of time until you either gain citizenship or 3 years have passed (since marriage and filing of the I 130) and she can apply for the "V" visa.

It is, admittedly, not a perfect solution nor 100% reliable. But as other contributors have noted, spouses of LPR's do not have the same privileges available to them for overstaying, for example, that spouses of citizens may obtain.

It is also true that she could face severe difficulty obtaining a student visa because (if you were married) she would have a tough time convincing the embassy that she would be returning to her country at the end of her studies rather than stay in the US with you.

Some less-informed contributors may suggest she applies for the student visa before marriage and lie about having a fiancee -- well, it might work. But, if her "little white lie" becomes known, her chances of a student or tourist visa will go right out the window for a long long time.

It is better in the long run to tell the truth and live with the consequences (I know, I know, there are lots of you out there that think this is stupid because other cheaters have gotten away with it...well, so what - this is my opinion, you can share yours soon). Right now apparently she has a tourist visa. Why encourage her to do something that could jeopardize that privilege? Instead, encourage her to come and visit, return home promptly and look forward to a future visit. Then, when the day comes that she can get an immigrant visa, whether due to you becoming a citizen or the passage of 3 years and the "V" visa being available, the road to visa issuance will be smooth instead of bumpy (or blocked!!!).'
Good luck and thanks for listening!