QUESTION
can a permanent resident marry a foreigner with tourist visa?
Asked on Dec 10th, 2015 on Immigration - Texas
2 ANSWERS
Assault Attorney serving Richardson, TX
2 Awards
The answer is yes she can, but consular processing will be needed and there will be issues about the legality of the entry for the B visa if the marriage is soon after entry. BE CAREFUL! The best course of action is to get citizenship and then marry and apply. Any overstay can be cured through the marriage. A consultation would help you to understand as this is complicated area of the law and there are real dangers if it is not handled properly and legally.
Answered on Dec 11th, 2015 at 11:05 AM
You can marry a foreign national (FN) in the US with a tourist visa, howver, as a Permanent Resident this person will not have an immediate visa available for residency. This means that you should consider whether you can naturalize, the FN can obtain a long-term visa, or he/she can return to his/her home country and wait for the visa to become available. Please check out the Dept of State website for Visa Bulletins which come out every month. For January the availability date for immigrants in F2A (spouses of Permanent Residents) is Aug. 1, 2014 so a wait. Your fiancee/fiance will not be able to remain in the US out of status after his period of admission expires.
Let us know if we can assist you.
Pam Barnett
psb@barnett-lawgroup.com
Answered on Dec 11th, 2015 at 7:03 AM