Dear Jim Bean,
I'll expand a little what I wrote in my comment, and would also refer
to the "nitty gritty".
A foreigner citizen, who stays in the United States, can marry a U.S.
citizen (See http://www.immigration.gov/graphics/howdoi/LPReligibility.htm#a).
Naturally, there are few important things you should know about:
- In general, your fiancee should have entered the US legally (with a
tourist, student or any other visa)
- If your fiancee said on her visa application that she plans to visit
as a tourist and return to her homeland, and then files for an
adjustment of status (that is, to get permanent residency), it is as
if she lied in her visa application. This is, if she marries 30 days
or less from the day she entered the US. If she marries between 30-60,
she would be normally not under suspicion, while if she marries more
than 60 days after she entered, this is not valid.
- She could be deported if she lied to the authorities or if they have
grounds to suspect that your marriage was only on the paper, for her
status adjustment. In any case, if you're threatened with such an
action, you could always appeal to the Board of Immigration Appeals.
- You two would be probably interrogated in the INS, if you call that
harrasment. If your marriage is "kosher" and you have all the
documentation to prove it, there should be no problem. The type of
questions that they ask, is the type of question a spouse is supposed
to know the answer to.
- If you have any basis to believe that she might be harrased more
than the "usual" case, you are stongly recommended to hire an
immigration attorney.
About the procedure:
- The procedure takes 6 - 12 months from the time the US citizen files
the initial petition until the time when the conditional "green card"
(I-551, Alien Registration Receipt Card) comes in the mail.
- The foreign spouse will become a permanent resident of the US, but
will continue to travel on his/her home country passport, so it is
important that the name on the passport and the I-551 be identical.
(See: "Marrying a US Citizen"
http://www.isso.cornell.edu/immigration/marryusc.html).
The procedure to its details (see nitty gritty here
http://www.immigration.gov/graphics/howdoi/hdifiance.htm):
(1) Call the INS district office (See
http://www.immigration.gov/graphics/fieldoffices/index.htm) and ask
for form I-130 ("Petition for Alien Relative", that's your Russian
alien, costs $110) and for the "adjustment of status" packet (Form
I-485 and other forms).
(2) Get married.
(3) Complete the forms. It is recommended (see the Cornell site,
http://www.isso.cornell.edu/immigration/marryusc.html) that you'll
complete it in person, in the INS offices. Cornell write, that "The
packet will be reviewed at that time and fingerprints will be taken. A
note will be made in the passport, giving permission to stay in the US
as a permanent resident applicant. If the foreign spouse wants to be
employed, s/he can file Form I-765, with $100 fee, and obtain the
Employment Authorization Document".
(4) Interview - After few months, you would be called for an
interview. During this waiting period, the foreign spouse may not
travel outside the US, exceptions can be made for emergency travel,
but your request must be made directly to INS and the decision will
take time. During this period she is also required to have medical
examination (incl. an AIDS test), at a certified doctor. After the
interview, the passport would be stamped, indicating the completion of
the application process. At that time travel abroad will be allowed.
(5) Few months after the interview you'd get the Green Card (Form
I-551) in the postYou Spouse will get "conditional permanent
residence", if you are married less than two years at the time of the
application. Cpornell write, that "This conditional status is equal to
permanent residency in all respects and benefits except that it is
subject to termination within two years. Termination could come as a
result of an annulment or divorce or by the determination of the INS
that the marriage was a "sham", i.e., merely a means for the alien
spouse to obtain permanent residency. Additionally, the permanent
resident status could also be revoked if the couple fails to apply for
the removal of the conditionality during the 90 days prior to the two
year anniversary of the conferral of resident status. To remove the
conditionality the couple must jointly file Form I-751 during that
90-day period. After the approval of the I-751 (and a possible second
interview) to remove the conditionality, the permanent green card will
be issued. "
Source: http://www.isso.cornell.edu/immigration/marryusc.html
See further Sources:
FAQ on marrying a tourist -
http://www.kandytiger.com/Davison/I-130rules.htm
The INS on marriage -
http://www.immigration.gov/graphics/faqsgen.htm#marriage
Marrying on a Tourist Visa - http://k1.exit.com/touristfaq.html
http://k1.exit.com/touristhome.html
If you need any further clarification on this question, please tell
me. I'd be pleased to clarify my answer before you rate it. |
