Permanent resident getting married - Questions
 

Hello,

A good friend of mine has some questions, and we would be very
grateful if you guys could provide some information.

He is a permanent resident who filed to become a citizen early this
year, and he's been told that his interview will be between January
and February. He and his fiancee (who is here on a tourist visa)
have decided to get married in March.

His questions are:

- Would there be any major problems if he files for his wife as a
permanent resident? (other than the long wait of 6 years).

- Could he file for his wife again after he becomes a citizen? (so it
doesn't take as long)

- If he waits to file for his wife after he becomes a citizen, would
there be any problems since he got his marriage license as a resident
and he is filing as a citizen?

We know that these are a lot of questions, so any information would be
greatly appreciated. Thanks in advanced.

Carl

Re: Permanent resident getting married - Questions
 

"Carl S." wrote:
    >
    > Hello,
    >
    > A good friend of mine has some questions, and we would be very
    > grateful if you guys could provide some information.
    >
    > He is a permanent resident who filed to become a citizen early this
    > year, and he's been told that his interview will be between January
    > and February. He and his fiancee (who is here on a tourist visa)
    > have decided to get married in March.
    >
    > His questions are:
    >
    > - Would there be any major problems if he files for his wife as a
    > permanent resident? (other than the long wait of 6 years).

1. She can't wait here for that to happen
2. If she tries to enter as a tourist, there is a record that an I-130
has been filed.
This would indicate she has an intent, at some point, to immigrate. This
may make it harder to enter as a tourist.
3. Of course, as the wife of a PR, even without the I-130, she may have
issue with trying to get another tourist visa

    >
    > - Could he file for his wife again after he becomes a citizen? (so it
    > doesn't take as long)

He wouldn't file again, he would inform INS of the change so they can
fix his pending I-130.

    >
    > - If he waits to file for his wife after he becomes a citizen, would
    > there be any problems since he got his marriage license as a resident
    > and he is filing as a citizen?

No.. he doesn't have to file an I-130 as soon as the relative is
eligible for him to file an I-130.
Of course, this still isn't going to keep his wife here legally, which I
assume is what he wants.

I have heard stories of people that gave up their current green card,
then are able to get green card status again and then their spouses can
get green card status right away...

Re: Permanent resident getting married - Questions
 

Mr. Travel, thank you for your comments. His fiancee has been
traveling back and forth this year and the last time she was approved
to stay for 6 months (she is not planning to travel again anytime
soon). They decided to get married recently, so there was no intention
when she last came here.

Once again, thank you for your comments (especially with the second
question). Take care.

Carl S.

On Thu, 19 Dec 2002 23:44:29 GMT, mrtravel
wrote:

    >"Carl S." wrote:
    >>
    >> Hello,
    >>
    >> A good friend of mine has some questions, and we would be very
    >> grateful if you guys could provide some information.
    >>
    >> He is a permanent resident who filed to become a citizen early this
    >> year, and he's been told that his interview will be between January
    >> and February. He and his fiancee (who is here on a tourist visa)
    >> have decided to get married in March.
    >>
    >> His questions are:
    >>
    >> - Would there be any major problems if he files for his wife as a
    >> permanent resident? (other than the long wait of 6 years).
    >1. She can't wait here for that to happen
    >2. If she tries to enter as a tourist, there is a record that an I-130
    >has been filed.
    >This would indicate she has an intent, at some point, to immigrate. This
    >may make it harder to enter as a tourist.
    >3. Of course, as the wife of a PR, even without the I-130, she may have
    >issue with trying to get another tourist visa
    >>
    >> - Could he file for his wife again after he becomes a citizen? (so it
    >> doesn't take as long)
    >He wouldn't file again, he would inform INS of the change so they can
    >fix his pending I-130.
    >>
    >> - If he waits to file for his wife after he becomes a citizen, would
    >> there be any problems since he got his marriage license as a resident
    >> and he is filing as a citizen?
    >No.. he doesn't have to file an I-130 as soon as the relative is
    >eligible for him to file an I-130.
    >Of course, this still isn't going to keep his wife here legally, which I
    >assume is what he wants.
    >I have heard stories of people that gave up their current green card,
    >then are able to get green card status again and then their spouses can
    >get green card status right away...

The way I read the OP., the Fiance is already in the US on a tourist visa,therefore they can file for AOS as soon as they are married, and she can then stay legally until her status is adjusted, although she should not leave the country after filing without getting AP.

Once the LPR becomes a USC, then he can ask INS to update the status of the original filing, and then the AOS waiting period will be much much less

Re: Permanent resident getting married - Questions
 

"simon bland" wrote in message
news:[email protected]...
    > The way I read the OP., the Fiance is already in the US on a tourist
    > visa,therefore they can file for AOS as soon as they are married, and
    > she can then stay legally until her status is adjusted, although she
    > should not leave the country after filing without getting AP.

That wouldn't be legal. This option is reserved for US citizens.
The foreign fiance would have to have another kind of visa to
stay in the US
or wait outside of the US until approved.


    > Once the LPR becomes a USC, then he can ask INS to update the
    > status of the original filing, and then the AOS waiting period will
    > be much much less

Correct.

    > --
    > Posted via http://britishexpats.com

> The way I read the OP., the Fiance is already in the US on a tourist
> visa,therefore they can file for AOS as soon as they are married, and
> she can then stay legally until her status is adjusted, although she
> should not leave the country after filing without getting AP.

That wouldn't be legal. This option is reserved for US citizens.
The foreign fiance would have to have another kind of visa to
stay in the US
or wait outside of the US until approved



I think you are mistaken in your comment. Spouses of LPR's can file AOS and remain in the country, legally, whilst they are waiting for their AOS to be proccessed. This is based on personal experience. Been There Done That.

Re: Permanent resident getting married - Questions
 

"simon bland" wrote in message
news:[email protected]...
    > I think you are mistaken in your comment. Spouses of LPR's can file AOS
    > and remain in the country, legally, whilst they are waiting for their
    > AOS to be proccessed. This is based on personal experience. Been There
    > Done That.
    > --
    > Posted via http://britishexpats.com

Simon,
It's been a few years since I've extensively researched the subject of US
LPRs marrying a foreign national and both living in the US. Maybe the laws
have changed and I am mistaken - I'd recommend to the original poster to
become absolutely certain about the AOS regulations before filing for his
wife to be who is in the US on a tourist visa.
Were you already married before you obtained your "greencard"?
Happy Holidays

Re: Permanent resident getting married - Questions
 

Thank you Simon, we really appreciate your comments. Take care.

Carl

On Fri, 20 Dec 2002 16:20:25 +0000, simon bland
wrote:

    >The way I read the OP., the Fiance is already in the US on a tourist
    >visa,therefore they can file for AOS as soon as they are married, and
    >she can then stay legally until her status is adjusted, although she
    >should not leave the country after filing without getting AP.
    >Once the LPR becomes a USC, then he can ask INS to update the
    >status of the original filing, and then the AOS waiting period will
    >be much much less

Re: Permanent resident getting married - Questions
 

Thank you Christa. Hopefully he will be a citizen before they get
married. Take care.

Carl

On Sat, 21 Dec 2002 11:17:16 GMT, "Christa"
wrote:

    >"simon bland" wrote in message
    >news:[email protected]...
    >> I think you are mistaken in your comment. Spouses of LPR's can file AOS
    >> and remain in the country, legally, whilst they are waiting for their
    >> AOS to be proccessed. This is based on personal experience. Been There
    >> Done That.
    >> --
    >> Posted via http://britishexpats.com
    >Simon,
    >It's been a few years since I've extensively researched the subject of US
    >LPRs marrying a foreign national and both living in the US. Maybe the laws
    >have changed and I am mistaken - I'd recommend to the original poster to
    >become absolutely certain about the AOS regulations before filing for his
    >wife to be who is in the US on a tourist visa.
    >Were you already married before you obtained your "greencard"?
    >Happy Holidays

Re: Permanent resident getting married - Questions
 

In article ,
Carl S. wrote:
    > >The way I read the OP., the Fiance is already in the US on a tourist
    > >visa,therefore they can file for AOS as soon as they are married, and
    > >she can then stay legally until her status is adjusted, although she
    > >should not leave the country after filing without getting AP.
    > >
    > >Once the LPR becomes a USC, then he can ask INS to update the
    > >status of the original filing, and then the AOS waiting period will
    > >be much much less
    >
I have not been following this thread, but based on what I read above,
be aware of this information:
Filing AOS will not be possible for the new wife of the permanent
resident. She is not eligible to file AOS until she has an approved
immigrant visa petition (ie, approved I-130). She cannot have an
approved immigrant petition at this time because her husband is a legal
resident (but not citizen) and there is probably a 5-6 year wait on his
I-130 approval. She will, therefore, have nothing to maintain her legal
status after the marriage, unless she can qualify for some other type of
visa or extension of her current visa.
Refer to and read carefully this page on the INS website:
http://www.ins.usdoj.gov/graphics/ho...ligibility.htm

Once the husband is a citizen, however, she can file for AOS immediately
by filing an i-130 and i-485 at the same time, EVEN IF she is out of
status when she files. However, if she leaves the US after being more
than 6 months out of status, she will be subject to a ban upon trying to
return. That is something she should weigh seriously.
--
Matta

Re: Permanent resident getting married - Questions
 

Matta, thank you for your comments. They have talked it over, and if
he is not a citizen by the time they get married, they will wait to
file until he becomes one. Thanks again and take care.

Carl S.

On Sat, 21 Dec 2002 07:47:29 -0600, Matta Harri
wrote:

    >In article ,
    > Carl S. wrote:
    >> >The way I read the OP., the Fiance is already in the US on a tourist
    >> >visa,therefore they can file for AOS as soon as they are married, and
    >> >she can then stay legally until her status is adjusted, although she
    >> >should not leave the country after filing without getting AP.
    >> >
    >> >Once the LPR becomes a USC, then he can ask INS to update the
    >> >status of the original filing, and then the AOS waiting period will
    >> >be much much less
    >>
    >I have not been following this thread, but based on what I read above,
    >be aware of this information:
    >Filing AOS will not be possible for the new wife of the permanent
    >resident. She is not eligible to file AOS until she has an approved
    >immigrant visa petition (ie, approved I-130). She cannot have an
    >approved immigrant petition at this time because her husband is a legal
    >resident (but not citizen) and there is probably a 5-6 year wait on his
    >I-130 approval. She will, therefore, have nothing to maintain her legal
    >status after the marriage, unless she can qualify for some other type of
    >visa or extension of her current visa.
    >Refer to and read carefully this page on the INS website:
    >http://www.ins.usdoj.gov/graphics/ho...ligibility.htm
    >Once the husband is a citizen, however, she can file for AOS immediately
    >by filing an i-130 and i-485 at the same time, EVEN IF she is out of
    >status when she files. However, if she leaves the US after being more
    >than 6 months out of status, she will be subject to a ban upon trying to
    >return. That is something she should weigh seriously.