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Permanent Resident Marriage Question

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  • Permanent Resident Marriage Question

    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?

  • #2
    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?


    • #3
      Please describe what she looks like naked. This is one of the most important factors to get a green card.


      • #4
        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


        • #5
          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:

          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.


          • #6
            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


            • #7
              Sorry, I didn't state that my friend is USC, and he filed for his wife at the embassy.


              • #8
                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


                • #9
                  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.


                  • #10
                    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


                    • #11
                      I forgot to mention
                      K1 is not available to LPR fiance ,The petetioner should be USC
                      She ca'nt get K1


                      • #12
                        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."


                        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.


                        • #13
                          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.


                          • #14
                            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.


                            • #15
                              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.


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