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Noncitizen wants to marry greencard holder

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  • Noncitizen wants to marry greencard holder

    Hello

    I have a cousin who is a noncitizen, she's here on a 6 month visa and she's fallen for a greencard holder.
    If she marries him, will she have to go back to her country? How would the process work? will she have to go back home and then be allowed to come back through fiancee visa?

  • #2
    Hello

    I have a cousin who is a noncitizen, she's here on a 6 month visa and she's fallen for a greencard holder.
    If she marries him, will she have to go back to her country? How would the process work? will she have to go back home and then be allowed to come back through fiancee visa?

    Comment


    • #3
      Viney76: Only American citizens can sponsor their fiance for a fiance visa - this option is not open to permanent residents. Unless your cousin is able to independently maintain legal status in America, she will have to return to her country of origin.

      If she marries her permanent resident fiance, then she can be sponsored for immigration...but the wait will be many years. During the waiting period, she would need to remain in her country of origin.

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      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by viney76:
        I have a cousin who is a noncitizen, she's here on a 6 month visa and she's fallen for a greencard holder.
        If she marries him, will she have to go back to her country? How would the process work? will she have to go back home and then be allowed to come back through fiancee visa? </div></BLOCKQUOTE>
        The marriage to GC holder and his petition for her to immigrate wan't give her any status in the USA for 4-5 years. She would either have to maintain her own status (extend tourist visa, became student, get work visa..) or go back to her home country. After 4-5 years, when an immigrant visa number becomes available to her, she can adjust status in the USA if legaly here, or get an immigrant visa in her home contry. She should be careful not to overstay allowed time in the USA. If she does and leaves, she will be bared to return for 3-10 years.
        The whole process will become shorter if and when her future husband gets US citizenship.
        Only US citizens can petition for fiancee...

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