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    Hi,
    I am about to file for my I-485 and I would like to bring my fiancee here. My lawyer advised me that he should come on a tourist visa and then we should get married in the US. If we do so, do you know who long it will take for him to adjust his status? Will he be allowed to get a travel permit.(he must travel back to Europe for a couple of days every 6 months)
    I will appreciate any information you can share

  • #2
    Hi,
    I am about to file for my I-485 and I would like to bring my fiancee here. My lawyer advised me that he should come on a tourist visa and then we should get married in the US. If we do so, do you know who long it will take for him to adjust his status? Will he be allowed to get a travel permit.(he must travel back to Europe for a couple of days every 6 months)
    I will appreciate any information you can share

    Comment


    • #3
      What is your I-485 for?

      Comment


      • #4
        my employer is sponsoring me for a green card

        Comment


        • #5
          I am not sure, but I don't think you will be able to adjust his status until you have a green card. Also, while you are waitig for his adjustment (which could take awhile you will have to file for travel documents) ask the lawyer agin how he plans on having you file for and adjustment of status for your fiancee. Also if he comes on a tourist visa with the intent of getting married he can be charged with fraud.

          Comment


          • #6
            Tedun

            YOu should seek advice from another lawyer. I would not use that one. What he is suggesting is marriage fraud/unethical practice. And this is not good. You should be looking for someone who is knowledgable enough to protect your interests and your future in USA. not someone who very well may put you into hot water.

            Comment


            • #7
              You can also get married now and include him when you file the I-485 as your spouse.

              Comment


              • #8
                Hi Tedun - does your employer offer sponsorship generally or is it just you in this case - you can reply to me at pashapuffy@yahoo.com. I would appreciate it very much - can u email me please.

                Comment


                • #9
                  Thank you all for your insight. However, I am not sure why you concerned that the marriage might be a fraud.We are going to get married anyway. My question to the lawyer was if we should do in our home country and then come to US together or get married in US. The lawyer told me that if we get married outside of US it will take years before my husband is allowed to join me in US. If we get married in US he can apply for adjustment in status without leaving the country. Is this a fraud?
                  Jay, even if I include him on my I485, do you think he will have to wait until the I485 is apporved before he can enter US?
                  LPR Spouse, my company is sponsoring myself and another foreign worker.

                  Comment


                  • #10
                    tedun,

                    From what I know you should marry now if you have H1B visa then your spouse can come here on a dependent visa(it's much easier for H1's to bring their spouses over than for green card holders), but if you get married after getting green card you won't be able to bring your spouse for years. And also you cannot file adjustment of status for your spouse if he is here on a regular tourist visa, it can get denied.
                    I am a permanent resident waiting for my spouse since 3 years.

                    Comment


                    • #11
                      Mandy has a point. Marry him and bring him to the U.S. on a H1-B dependent visa.

                      First off, employment based AOS can take a very, very long time. (few years at least) If you marry your fiance while you wait for your adjustment you can not file for his. He'll be left hanging until you get your GC. Second, even after you get your LPR, marry your fiance in the U.S. and file for his adjustment (I-130, I-485 etc...) he will not get a work authorization (unlike USC spouse) and if his non-immigrant visa expires (even after marring you) he'll be considered illegal (we all know the 6 months/1 year overstay drill). Finally, if after filing for his adjustment or marring him he leaves the U.S. he won't be able to get a tourist/student/exchange visa (and all existing ones will be canceled). The only way for him to join you legally in the U.S. will be to obtain H1-B work visa (which considered duel intent) or V visa (spouse of LPR joining to wait for adjustment in the U.S.) To obtain V visa he'd have to wait for 3 years from the date his AOS was accepted for processing.

                      The truth has been spoketh.

                      Comment

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