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Subject:
marriage of a foreigner while in the us to a legal permanent resident
Category: Relationships and Society Asked by: bushpilotx1-ga List Price: $5.00 |
Posted:
06 Sep 2005 22:20 PDT
Expires: 06 Oct 2005 22:20 PDT Question ID: 565088 |
what would be the consequences of marrying my girlfriend from colombia when she entered the us legally with a tourist visa and I am a legal permanent resident, what would be the best way to do this, and the correct sequence of events, should we marry in colombia and then come to the USA and apply to change her status, or should we marry here and then apply to change her status. we dont want to her to wait in colombia and I dont want to be without her, thanks |
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There is no answer at this time. |
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Subject:
Re: marriage of a foreigner while in the us to a legal permanent resident
From: puterdewd-ga on 07 Sep 2005 17:59 PDT |
Technically you aren't allowed to do that but once she is in the country and you are married you simpy apply for adjustment of status (green card) for her based on the fact she is your wife. The bad news is that she cannot leave the country without an advanced parole while she is awaiting a permanent visa or she needs to wait outside the country. If you get married outside the country then she must wait until she gets the visa before she can enter. There is another alternative and that is a fiance visa. You apply while she is outside the country, the consulate does an interview and then she is granted a 3 month visa and you must get married within 3 months. Then you apply for the status adjustment. |
Subject:
Re: marriage of a foreigner while in the us to a legal permanent resident
From: myoarin-ga on 07 Sep 2005 20:05 PDT |
That sounds definitive and pretty much what I recall from various earlier references to the site of the US Citizenship and Immigration Service: http://uscis.gov/graphics/ You might want to check before making a decision. |
Subject:
Re: marriage of a foreigner while in the us to a legal permanent resident
From: nosoliciting-ga on 13 Sep 2005 06:43 PDT |
The situation is a lot more complicated than the two prior commentors state. Please do not marry your fiance without doing some research - if you do not do research you may be risking her legal status in the US. The second you are married she is without status and her Tourist Visa becomes invalid which could have her deported. Check this website: http://visajourney.com/ for more detailed information. That site will show you the options available to you, explain them, walk you through the process, and allow you to talk with others in the same situation. |
Subject:
Re: marriage of a foreigner while in the us to a legal permanent resident
From: jayatlga-ga on 14 Sep 2005 11:46 PDT |
1. She CANNOT apply for adjustment of status - or an immigrant visa - as the spuose of a permanent resident, unless you first file a petition to classify her as your spouse, and her priority date becomes current. The priority date is the date you file the visa petition. Right now only folks who applied prior to November 1, 2001 can file for permanent resident status. 2. If you had married her before you got your status, she would have the same priority date and same status you did. 3. The situation changes if you become a US citizen - no priority date - no wait. 4. Filing the petition for her does not allow her to stay in the US or work in the US. So she'll have to have and maintain another valid satus if you want to remain together while this goes on for the next many years. J |
Subject:
Re: marriage of a foreigner while in the us to a legal permanent resident
From: nosoliciting-ga on 19 Sep 2005 10:47 PDT |
Hopefully I have not misunderstood your points jayatlga-ga but here is some clarification for the original poster so there is no confusion. 3. The situation changes if you become a US citizen - no priority date - no wait. - Even if one individual in the couple is a US Citizen the process can still last over 6 months. In my case my husband is the US Citizen and I am a Canadian Citizen - we went through the K1 process. We applied 09-24-02 and I recieved my K1 Visa on 05-15-03. I was able to work in August when my AOS became effective which was the same time my EAD was effective. Whereas a friend of ours, a US Citizen, married his Canadian spouse in Canada then went through the K3 process of immigrating a foreign spouse. They started their process spring of 2002 and the wife was finally allowed in the US in late 2003. And once allowed in she wasn't able to work for well over 6 months as her Employment Authorization Document, Adjustment of Status, and Early Patrol documents were processed. K1 is a Fiance(e) visa and K3 is a spouse visa - the K1 is generally faster to process than the K3. 4. Filing the petition for her does not allow her to stay in the US or work in the US. So she'll have to have and maintain another valid satus if you want to remain together while this goes on for the next many years. - Depending on what the poster decides to do: marry first then petition (K3), or petition then marry (K1), with regards to the latter situation the foreign individual (wife in this case) will experience a brief period of being "without status" between the marriage (which must happen within 90 days of entering the US on the K-1 Visa) and the actual effective date of the Adjustment of Status - for me that "out of status" period was approximately 60 days. |
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