Riva

Hi All,

I must apologize if this question has been asked more than a hundred times but I
believe my situation is less flexible than others. My overseas girlfriend is
going to finish highschool next year and continue her studies here in US. During
that time she would be living with me. Now, the only way that her parents would
let her come is if I would marry her before she leaves. I have no problem with
their "condition" but now I'm not quite sure how to proceed. I am a permanent
resident, she is not.

I was thinking to let her get her student visa, then get married overseas before
coming here sometime in August '02 (school starts in Sept). But then from what
I've read this could be considered fraud and nullified her chances of ever
getting a greencard. I believe entering with a student visa and applying for
I-130 and AOS right away seems "not right". If I apply for a fiance visa (thus
convincing her parents we'd get married right away once we're here), it would
probably take too long to get the visa and might mess up with her school
schedule. What is the best path that I should take? Please advise...

Regards, Riva

Michael Voight

Riva wrote:
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This is probably not a great idea.. If INS at the POE finds out she is married to a
US resident, they may stop her from entering. And, if that happens, it could be years
before you can get a spousal visa for her to enter.

But then from what I've read this could be considered fraud
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What fraud?? I haven't seen any yet. Marrying after getting a visa is not illegal.
Just don't lie about it if asked.

I believe
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It's not right. You can't AOS for her until after you become a citizen. Right now
they are processing I-130 for permanent resident spouse from Feb 1995.

If I apply for a fiance visa (thus convincing her
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You can't sponsor a fiance visa unless you are a citizen.

Are you filing for naturalization soon??

Andy Platt

When she applies for a student visa she has to answer a question about whether she
has a fiance(e) / spouse in the US and their status. It's quite possible (likely?)
that she would get denied the student visa because of presumed immigrant intent
because of this question. You are better off if you don't plan on getting married
(and really don't get married for a while) but obviously you are going to have to
square that with her parents.

Bottom line is that as a permanent resident you don't have a great deal of leeway so
you'll have to make the best of your situation.

Lastly if she does get the student visa you can get married pretty quickly but don't
file for AOS for a while!

Andy.

--
I'm not really here - it's just your warped imagination.

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Andy Platt

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I mean don't file the I-130! Of course she can't file for AOS!!!

Andy.

--
I'm not really here - it's just your warped imagination.