QUESTION

Can I get married to my fiance who's a green card holder with my business visa and stay in US?

Asked on Apr 28th, 2013 on Immigration - New York
More details to this question:
I will go to America next week on a business trip, and have plans of getting married to my fiancรฉ while am around and possible staying over. I don't want to leave her after getting married because we have been dating for over 6 years. She has a green card.
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7 ANSWERS

You can get married but you cannot stay in the US if you do not have an independent basis for so doing. Marrying a permanent resident does not confer any immediate immigration benefits upon you.
Answered on Apr 30th, 2013 at 9:52 PM

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Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
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You can get married and she can petition for you, but it will take over 3 years before you will be eligible for Green card through your wife. If you wife is eligible have her apply for citizenship. Once she becomes citizen and you marry her you will be eligible to apply for green card right away.
Answered on Apr 30th, 2013 at 1:28 PM

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Adebola O. Asekun
The fiance petition, Form I-129F can be filed and is available only if your fiance is a US citizen, not a green card holder. Under current law, your fiance, if a green card holder cannot file a fiance petition for you. Instead, your fiance can file a Form I-130 petition for alien relative, but then only if you are a married couple. This option, will allow you to become a green card holder yourself The petition is under F2A category which will take about 30 months to become current. By way of comparison, the F2A petitions that are now current were filed Mar 2011. You cannot legally stay inside the US to wait for the petition to become current; Once filed, you may experience difficulties in entering the US as a tourist because, filing an I-130 raises the presumption that you are intending immigrant, not a tourist. Your concerns can be legitimately addressed through a number of options, but you will need to consult with an experienced immigration attorney on this. Finally, because, you expressed intent to come to the US to marry your fiance, if a border inspector concludes that you are not a true tourist, you may be refused admission during your next visit to the US. Speak to an attorney before you attempt to enter the US under these circumstances.
Answered on Apr 30th, 2013 at 1:02 PM

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No, you cannot adjust status until the priority date is current.
Answered on Apr 30th, 2013 at 1:02 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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If you overstay, you can only get a green card through a marriage to a US citizen. So you will wait until your fiance becomes a US citizen to apply for permanent residency in the US.
Answered on Apr 30th, 2013 at 1:02 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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It doesn't sound right. You need to use a valid immigrant visa for your visit. You guys will need to get married outside the US and you will need to wait for the petition on your behalf to be granted to come to the US.
Answered on Apr 30th, 2013 at 1:02 PM

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Yes. But in order to apply for adjustment of status (green card) and remain in the US after you have married, your fiancee must be a US citizen. She can apply for citizenship on form N-400 if she has been a permanent resident for at least 4 years and 9 months and is a person of good moral character.
Answered on Apr 30th, 2013 at 1:02 PM

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