Marriage to a Green Card holder
#1
Guest
Posts: n/a
Hello folks.
I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
married while she is here....
1) can she stay in the country legally?
2) how long will the application process take?
3) is this even rmotely feasible?
thanks so much for any help!
Rob
I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
married while she is here....
1) can she stay in the country legally?
2) how long will the application process take?
3) is this even rmotely feasible?
thanks so much for any help!
Rob
#2
Guest
Posts: n/a
>Hello folks.
>
>I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
>married while she is here....
>
>1) can she stay in the country legally?
>2) how long will the application process take?
>3) is this even rmotely feasible?
Amazingly, yes, it's feasible, especially if you're planning to surprise her: she should
not enter on a B-2 with the intention of getting married, staying and adjusting status,
and must not lie to the guys at the airport (who, upon finding out she planned to marry
and stay, would refuse her entry). So, care is needed.
However, if all goes well, then she may be stuck in the US for quite some time while
adjusting status. If this really is a premeditated event on both your parts, you certainly
should look into the K-1 fiancee visa: then there's no worry about having to lie or be
turned back, and - I may be wrong - but I think she might be able to work sooner then and
generally have an easier time on her way to becoming a conditional permanent resident.
Good luck.
-- Mark
>
>I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
>married while she is here....
>
>1) can she stay in the country legally?
>2) how long will the application process take?
>3) is this even rmotely feasible?
Amazingly, yes, it's feasible, especially if you're planning to surprise her: she should
not enter on a B-2 with the intention of getting married, staying and adjusting status,
and must not lie to the guys at the airport (who, upon finding out she planned to marry
and stay, would refuse her entry). So, care is needed.
However, if all goes well, then she may be stuck in the US for quite some time while
adjusting status. If this really is a premeditated event on both your parts, you certainly
should look into the K-1 fiancee visa: then there's no worry about having to lie or be
turned back, and - I may be wrong - but I think she might be able to work sooner then and
generally have an easier time on her way to becoming a conditional permanent resident.
Good luck.
-- Mark
#3
Guest
Posts: n/a
>>Hello folks.
>>
>>I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
>>married while she is here....
>>
>>1) can she stay in the country legally?
>>2) how long will the application process take?
>>3) is this even rmotely feasible?
>
>Amazingly, yes, it's feasible, especially if you're planning to surprise her: she should
>not enter on a B-2 with the intention of getting married, staying and adjusting status,
>and must not lie to the guys at the airport (who, upon finding out she planned to marry
>and stay, would refuse her entry). So, care is needed.
>
>However, if all goes well, then she may be stuck in the US for quite some time while
>adjusting status. If this really is a premeditated event on both your parts, you
>certainly should look into the K-1 fiancee visa: then there's no worry about having to
>lie or be turned back, and - I may be wrong - but I think she might be able to work
>sooner then and generally have an easier time on her way to becoming a conditional
>permanent resident.
>
>Good luck.
>
>-- Mark
well, i am not sure if we will get married just yet, so that's why i was asking.
but if we do get married i don't want her to have to go back to her home country while her
status gets transferred.
the K-1 is specifically for american citizens, is it not?
thanks mark! rob
>>
>>I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
>>married while she is here....
>>
>>1) can she stay in the country legally?
>>2) how long will the application process take?
>>3) is this even rmotely feasible?
>
>Amazingly, yes, it's feasible, especially if you're planning to surprise her: she should
>not enter on a B-2 with the intention of getting married, staying and adjusting status,
>and must not lie to the guys at the airport (who, upon finding out she planned to marry
>and stay, would refuse her entry). So, care is needed.
>
>However, if all goes well, then she may be stuck in the US for quite some time while
>adjusting status. If this really is a premeditated event on both your parts, you
>certainly should look into the K-1 fiancee visa: then there's no worry about having to
>lie or be turned back, and - I may be wrong - but I think she might be able to work
>sooner then and generally have an easier time on her way to becoming a conditional
>permanent resident.
>
>Good luck.
>
>-- Mark
well, i am not sure if we will get married just yet, so that's why i was asking.
but if we do get married i don't want her to have to go back to her home country while her
status gets transferred.
the K-1 is specifically for american citizens, is it not?
thanks mark! rob
#4
Guest
Posts: n/a
>>Hello folks.
>>
>>I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
>>married while she is here....
>>
>>1) can she stay in the country legally?
>>2) how long will the application process take?
>>3) is this even rmotely feasible?
>
>Amazingly, yes, it's feasible, especially if you're planning to surprise her: she should
>not enter on a B-2 with the intention of getting married, staying and adjusting status,
>and must not lie to the guys at the airport (who, upon finding out she planned to marry
>and stay, would refuse her entry). So, care is needed.
>
>However, if all goes well, then she may be stuck in the US for quite some time while
>adjusting status. If this really is a premeditated event on both your parts, you
>certainly should look into the K-1 fiancee visa: then there's no worry about having to
>lie or be turned back, and - I may be wrong - but I think she might be able to work
>sooner then and generally have an easier time on her way to becoming a conditional
>permanent resident.
>
>Good luck.
>
>-- Mark
oh and she will not be lying to the immigration officers. she is coming here on a vacation
stay for (hopefully) about 5-6 months and then we'll see.
she'll be travelling around the country and also staying with me for a bit..
anyway, i digress.... i am hoping the B2 visa won't give her too many problems at the
airport since she's pretty nervous about that part of it. she has all the proper paperwork
(which is all corect).
any other advice for her?
thanks again, rob
>>
>>I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
>>married while she is here....
>>
>>1) can she stay in the country legally?
>>2) how long will the application process take?
>>3) is this even rmotely feasible?
>
>Amazingly, yes, it's feasible, especially if you're planning to surprise her: she should
>not enter on a B-2 with the intention of getting married, staying and adjusting status,
>and must not lie to the guys at the airport (who, upon finding out she planned to marry
>and stay, would refuse her entry). So, care is needed.
>
>However, if all goes well, then she may be stuck in the US for quite some time while
>adjusting status. If this really is a premeditated event on both your parts, you
>certainly should look into the K-1 fiancee visa: then there's no worry about having to
>lie or be turned back, and - I may be wrong - but I think she might be able to work
>sooner then and generally have an easier time on her way to becoming a conditional
>permanent resident.
>
>Good luck.
>
>-- Mark
oh and she will not be lying to the immigration officers. she is coming here on a vacation
stay for (hopefully) about 5-6 months and then we'll see.
she'll be travelling around the country and also staying with me for a bit..
anyway, i digress.... i am hoping the B2 visa won't give her too many problems at the
airport since she's pretty nervous about that part of it. she has all the proper paperwork
(which is all corect).
any other advice for her?
thanks again, rob
#5
Guest
Posts: n/a
(snip)
>well, i am not sure if we will get married just yet, so that's why i was asking.
Right.
>but if we do get married i don't want her to have to go back to her home country while
>her status gets transferred.
If her status can be adjusted at all, then I don't think she would have to.
>the K-1 is specifically for american citizens, is it not?
I think so. If you're not a US citizen, I'm not sure what your options are, I'm afraid. ):
-- Mark
>well, i am not sure if we will get married just yet, so that's why i was asking.
Right.
>but if we do get married i don't want her to have to go back to her home country while
>her status gets transferred.
If her status can be adjusted at all, then I don't think she would have to.
>the K-1 is specifically for american citizens, is it not?
I think so. If you're not a US citizen, I'm not sure what your options are, I'm afraid. ):
-- Mark
#6
Guest
Posts: n/a
Hi Rob,
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
I don't think you ever answered a critical question. Are you a US citizen? It makes a
great deal of difference in determining your options.
Ed MacNeil Ancient Aviator North Hampton, NH, USA
> Hello folks.
>
> I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
> married while she is here....
>
> 1) can she stay in the country legally?
> 2) how long will the application process take?
> 3) is this even rmotely feasible?
>
> thanks so much for any help!
>
> Rob
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
I don't think you ever answered a critical question. Are you a US citizen? It makes a
great deal of difference in determining your options.
Ed MacNeil Ancient Aviator North Hampton, NH, USA
> Hello folks.
>
> I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
> married while she is here....
>
> 1) can she stay in the country legally?
> 2) how long will the application process take?
> 3) is this even rmotely feasible?
>
> thanks so much for any help!
>
> Rob
#7
Guest
Posts: n/a
>> Hello folks.
>>
>> I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
>> married while she is here....
>>
>> 1) can she stay in the country legally?
>> 2) how long will the application process take?
>> 3) is this even rmotely feasible?
>>
>> thanks so much for any help!
>>
>> Rob
>>
>> I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
>> married while she is here....
>>
>> 1) can she stay in the country legally?
>> 2) how long will the application process take?
>> 3) is this even rmotely feasible?
>>
>> thanks so much for any help!
>>
>> Rob
#8
Guest
Posts: n/a
Your options will be a whole lot better if you become a citizen. How long have you
been a PR?
> On Sun, 25 Feb 2001 18:15:11 -0500, Ed MacNeil
>
> Ed, I am not a US Citizen. I am a premanent resident with a full legal green card.
>
> how much of a difference does it make? I know i can't get a K1 but how else?
>
> rob
>
> >Hi Rob,
> >
> >THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
> >ONE ON TV!
> >
> >I don't think you ever answered a critical question. Are you a US citizen? It makes a
> >great deal of difference in determining your options.
> >
> >Ed MacNeil Ancient Aviator North Hampton, NH, USA
> >
> >
> >> Hello folks.
> >>
> >> I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
> >> married while she is here....
> >>
> >> 1) can she stay in the country legally?
> >> 2) how long will the application process take?
> >> 3) is this even rmotely feasible?
> >>
> >> thanks so much for any help!
> >>
> >> Rob
>
been a PR?
> On Sun, 25 Feb 2001 18:15:11 -0500, Ed MacNeil
>
> Ed, I am not a US Citizen. I am a premanent resident with a full legal green card.
>
> how much of a difference does it make? I know i can't get a K1 but how else?
>
> rob
>
> >Hi Rob,
> >
> >THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
> >ONE ON TV!
> >
> >I don't think you ever answered a critical question. Are you a US citizen? It makes a
> >great deal of difference in determining your options.
> >
> >Ed MacNeil Ancient Aviator North Hampton, NH, USA
> >
> >
> >> Hello folks.
> >>
> >> I am currently thinking of marrying a girl who will be here on a B2 visa. If we get
> >> married while she is here....
> >>
> >> 1) can she stay in the country legally?
> >> 2) how long will the application process take?
> >> 3) is this even rmotely feasible?
> >>
> >> thanks so much for any help!
> >>
> >> Rob
>
#10
Guest
Posts: n/a
After your marriage, you may file Form I-130 to classify your wife in category Family 2A,
a numerically limited category with a wait for the quota of almost 5 years. When the time
has passed, a visa will be available to your wife, and she may then file Form I-485 if she
is in the U.S. in valid temporary status.
Her ability to remain in the U.S. while waiting to get permanent resident status based on
marriage to you, a permanent resident, depends upon her independent ability to qualify for
some temporary status in the U.S. And her marriage to you makes it *more difficult* for
her to qualify for some temporary statuses.
The main possibilities are F-1 student (requires temporary intent), J-1 exchange visitor
(requires temporary intent), H-1B temporary worker (does not require temporary intent).
If you were to become a U.S. citizen, she could file Form I-485 immediately.
This is the kind of case for which I think it is worthwhile to consult with a good
immigration attorney.
Rob wrote:
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Only if she qualifies for a temporary status independent of her marriage to you.
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5 to 7 years total. Shorter if you become a U.S. citizen ASAP.
>
Yes.
a numerically limited category with a wait for the quota of almost 5 years. When the time
has passed, a visa will be available to your wife, and she may then file Form I-485 if she
is in the U.S. in valid temporary status.
Her ability to remain in the U.S. while waiting to get permanent resident status based on
marriage to you, a permanent resident, depends upon her independent ability to qualify for
some temporary status in the U.S. And her marriage to you makes it *more difficult* for
her to qualify for some temporary statuses.
The main possibilities are F-1 student (requires temporary intent), J-1 exchange visitor
(requires temporary intent), H-1B temporary worker (does not require temporary intent).
If you were to become a U.S. citizen, she could file Form I-485 immediately.
This is the kind of case for which I think it is worthwhile to consult with a good
immigration attorney.
Rob wrote:
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Only if she qualifies for a temporary status independent of her marriage to you.
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5 to 7 years total. Shorter if you become a U.S. citizen ASAP.
>
Yes.