QUESTION
Can my girlfriend who's a UK citizen legally stay in the US after our wedding? Or does she have to leave while her green card is being processed?
Asked on Mar 16th, 2013 on Immigration - New Jersey
More details to this question:
I am a United States citizen and am planning to marry my girlfriend, a United Kingdom citizen who is on a student visa. After she graduates, she has 60 days to leave the country, but the wedding isn't planned until 50 days after graduation. Can she legally stay in the country after the wedding? Or does she have to leave while her green card application is being processed?
7 ANSWERS
Adebola O. Asekun
She does not have to leave US after your marriage, and certainly it is unadvisable for her to leave the US once her Form I-485 is filed. Properly done, she will receive notice of her Biometrics [fingerprint] interview within a month of filing and her EAD work permit follows no later than 90 days after filing; you will be scheduled for green card interview within 6-8 months. Her departure from US after filing her I-485 application is deemed an abandonment of her case and she may be refused admission to the US once she departs. It does not appear you are aware of the issues and I strongly suggest that you consult with an immigration lawyer so you avoid some of the possible minefields in this matter.
Answered on Mar 21st, 2013 at 4:39 AM
She will be able to remain in the US after the wedding and if you file for her permanent residence on the basis of marriage, she will be protected by this filing once her I-94 expires. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Mar 18th, 2013 at 9:13 PM
Should be able to stay. See an attorney if you need help.
Answered on Mar 18th, 2013 at 3:08 PM
Rebecca T White
You and your girlfriend should set a time for a consultation when you are both available to discuss what options will work the best for you. Planned correctly, she should be able to stay.
Answered on Mar 18th, 2013 at 3:08 PM
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The Law Office of Eric A. Fisher, LLC
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Although she may accrue unlawful presence, as long as you file the necessary paperwork with USCIS shortly after you marry, she can still be approved. If more than 6 months pass without lawful status, she should not travel outside the US until the lawful permanent status is approved.
Answered on Mar 18th, 2013 at 3:07 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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That should be fine. You can always file after the 60 day grace period. There is no penalty for the overstay. And she can remain in the US during the process. If done right, she can get a green card in about 3 months.
Answered on Mar 18th, 2013 at 3:07 PM
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Once you are married, you will want to submit papers to the USCIS for your immediate relative spouse. You will first have to file a Petition for an Immigrant family member on Form I-130. Later, you can file for an Adjustment of Status in the U.S. on Form I-485 if she is in the U.S. (and she entered with inspection - which it sounds like she did). Alternatively, your prospective spouse may be able to process for the green card at the U.S. Consulate. Please note that the process for sponsoring a spouse has many nuances and we encourage you to consider hiring a qualified immigration lawyer or attorney with regard to this matter. One particular nuance has to do with the planning or filing of the Affidavit of Support Form (and associated package).
Answered on Mar 18th, 2013 at 3:06 PM