visitor marrying a permanet resident
Jun 15th 2002, 6:20 am
#1
Guest
Posts: n/a
visitor marrying a permanet resident
Hello Friends,
I am a woman from India and have come to USA once before. I have a 10-year multiple
entry B1/B2 visa and this is my second visit. In this visit, I am allowed to stay
till end of august. During this visit, I have met some one and we intend to get
married. He is a permanent resident and is eligible to apply for citizenship at the
end of this year.
If we get married now and if he applies I-130 for me, will that allow me to stay in
the country until the immigrant visa number is available for me? Or is it better for
me to go back end of august and come back after he gets citizenship and get married
then? Has the new one-month limit for visitior visas that was proposed earlier this
year come into effect? What is the experience of other visitors that have come
recently? Are they getting only one-month visas?
Can you suggest a good lawyer who has dealt with this kind of cases? My fiancee lives
in San Francisco bay area and intends to move to sacramento area end of this month. A
good lawyer in either of these areas is fine with us.
Thanking you so much Shyama
I am a woman from India and have come to USA once before. I have a 10-year multiple
entry B1/B2 visa and this is my second visit. In this visit, I am allowed to stay
till end of august. During this visit, I have met some one and we intend to get
married. He is a permanent resident and is eligible to apply for citizenship at the
end of this year.
If we get married now and if he applies I-130 for me, will that allow me to stay in
the country until the immigrant visa number is available for me? Or is it better for
me to go back end of august and come back after he gets citizenship and get married
then? Has the new one-month limit for visitior visas that was proposed earlier this
year come into effect? What is the experience of other visitors that have come
recently? Are they getting only one-month visas?
Can you suggest a good lawyer who has dealt with this kind of cases? My fiancee lives
in San Francisco bay area and intends to move to sacramento area end of this month. A
good lawyer in either of these areas is fine with us.
Thanking you so much Shyama
Jun 15th 2002, 2:20 pm
#2
Guest
Posts: n/a
Re: visitor marrying a permanet resident
Personally I would suggest getting married, filing for I-130 and going back home.
Then when he gets his citizenship, you can apply for a K3 visa. Right now it takes
about 5+ years for visa #s to be available for PR spouses and filing a I-130 does not
allow you to stay here legally if your visit visa expires. You also have be careful
about getting married, while being here for a short time. Sometimes, at the interview
they might suspect your reason for entering the country was for marriage and not
visiting. If it is past
3/4 months then it is usually ok.
"shyama" <[email protected]> wrote in message
news:[email protected]...
> Hello Friends,
>
> I am a woman from India and have come to USA once before. I have a 10-year multiple
> entry B1/B2 visa and this is my second visit. In this visit, I am allowed to stay
> till end of august. During this visit, I have met some one and we intend to get
> married. He is a permanent resident and is eligible to apply for citizenship at the
> end of this year.
>
> If we get married now and if he applies I-130 for me, will that allow me to stay in
> the country until the immigrant visa number is available for me? Or is it better
> for me to go back end of august and come back after he gets citizenship and get
> married then? Has the new one-month limit for visitior visas that was proposed
> earlier this year come into effect? What is the experience of other visitors that
> have come recently? Are they getting only one-month visas?
>
> Can you suggest a good lawyer who has dealt with this kind of cases? My fiancee
> lives in San Francisco bay area and intends to move to sacramento area end of this
> month. A good lawyer in either of these areas is fine with us.
>
> Thanking you so much Shyama
Then when he gets his citizenship, you can apply for a K3 visa. Right now it takes
about 5+ years for visa #s to be available for PR spouses and filing a I-130 does not
allow you to stay here legally if your visit visa expires. You also have be careful
about getting married, while being here for a short time. Sometimes, at the interview
they might suspect your reason for entering the country was for marriage and not
visiting. If it is past
3/4 months then it is usually ok.
"shyama" <[email protected]> wrote in message
news:[email protected]...
> Hello Friends,
>
> I am a woman from India and have come to USA once before. I have a 10-year multiple
> entry B1/B2 visa and this is my second visit. In this visit, I am allowed to stay
> till end of august. During this visit, I have met some one and we intend to get
> married. He is a permanent resident and is eligible to apply for citizenship at the
> end of this year.
>
> If we get married now and if he applies I-130 for me, will that allow me to stay in
> the country until the immigrant visa number is available for me? Or is it better
> for me to go back end of august and come back after he gets citizenship and get
> married then? Has the new one-month limit for visitior visas that was proposed
> earlier this year come into effect? What is the experience of other visitors that
> have come recently? Are they getting only one-month visas?
>
> Can you suggest a good lawyer who has dealt with this kind of cases? My fiancee
> lives in San Francisco bay area and intends to move to sacramento area end of this
> month. A good lawyer in either of these areas is fine with us.
>
> Thanking you so much Shyama
Jun 16th 2002, 1:24 am
#3
Guest
Posts: n/a
Re: visitor marrying a permanet resident
On 15 Jun 2002 08:43:00 -0700, [email protected] (shyama) wrote:
>Hello Friends,
>
>I am a woman from India and have come to USA once before. I have a 10-year multiple
>entry B1/B2 visa and this is my second visit. In this visit, I am allowed to stay
>till end of august. During this visit, I have met some one and we intend to get
>married. He is a permanent resident and is eligible to apply for citizenship at the
>end of this year.
>
>If we get married now and if he applies I-130 for me, will that allow me to stay in
>the country until the immigrant visa number is available for me? Or is it better for
>me to go back end of august and come back after he gets citizenship and get married
>then? Has the new one-month limit for visitior visas that was proposed earlier this
>year come into effect? What is the experience of other visitors that have come
>recently? Are they getting only one-month visas?
The one-month admission is not yet final. You will need to go back at the end
of August; marriage to a permanent resident does not convey any right to remain
in the US.
Before deciding whether or not to file the I-130 now, check the processing times for
his naturalization and for an I-130 in the Family 2A category. If naturalization
takes several years, as it still does in a few parts of the country, file the I-130
now so you have it approved by the time he is a citizen.
If naturalization takes only a few months in his part of the country, don't file the
I-130 until he is a citizen. Otherwise, it would be caught in the INS backlog, and
you might wait three or four years for it to be processed. INS gives I-130s from
spouses of permanent residents very low priority, and once filed, that would not
change after his naturalization.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
>Hello Friends,
>
>I am a woman from India and have come to USA once before. I have a 10-year multiple
>entry B1/B2 visa and this is my second visit. In this visit, I am allowed to stay
>till end of august. During this visit, I have met some one and we intend to get
>married. He is a permanent resident and is eligible to apply for citizenship at the
>end of this year.
>
>If we get married now and if he applies I-130 for me, will that allow me to stay in
>the country until the immigrant visa number is available for me? Or is it better for
>me to go back end of august and come back after he gets citizenship and get married
>then? Has the new one-month limit for visitior visas that was proposed earlier this
>year come into effect? What is the experience of other visitors that have come
>recently? Are they getting only one-month visas?
The one-month admission is not yet final. You will need to go back at the end
of August; marriage to a permanent resident does not convey any right to remain
in the US.
Before deciding whether or not to file the I-130 now, check the processing times for
his naturalization and for an I-130 in the Family 2A category. If naturalization
takes several years, as it still does in a few parts of the country, file the I-130
now so you have it approved by the time he is a citizen.
If naturalization takes only a few months in his part of the country, don't file the
I-130 until he is a citizen. Otherwise, it would be caught in the INS backlog, and
you might wait three or four years for it to be processed. INS gives I-130s from
spouses of permanent residents very low priority, and once filed, that would not
change after his naturalization.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
