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Permanent Resident Marriage Question

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  • #16
    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.


    • #17
      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.


      • #18
        I guess you're'd think they would make that clear.


        • #19
          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!


          • #20
            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.


            • #21
              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!


              • #22
                Once she gets marry,it is almost impossible to get tourist/F1 Visa again.
                This I am telling you by watching the normal consulate practice not by the book.


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