QUESTION
Does my fiancée need to leave the country even if I am marrying her here in the US?
Asked on Oct 17th, 2011 on Immigration - Texas
More details to this question:
My future spouse is currently living outside the U.S. She currently had a tourist Visa to U.S and planning to come for a visit. We are also planning to get married here in the U.S. My question is if we got married in the U.S, will I be able to apply for a green card for her to change her status. Or would she have to leave the country and then come back since she is on tourist visa. I am trying to find the best solution with the least problems?
5 ANSWERS
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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You may marry your fiance in US provided she enters on tourist visa and pay additional $1000 fees in addition to the filing fees of I-485 application. However, I recommend that you consult with an immigration attorney prior to doing so because based on her and your particular factors, there may be concerns.
Answered on Nov 07th, 2011 at 8:12 PM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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She should be able to apply for adjust of status without leaving the US.
Answered on Nov 07th, 2011 at 8:00 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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The good news is that you can apply for her green card after marrying her in the U.S. Just be careful. Don't get married too early otherwise you can have problems. My rule of thumb is to wait at least 30 to 60 days after the last entry before getting married. And once married, you can apply for the green card in the US. The process takes about 3 months from start to finish. You should also consult with an immigration attorney before getting married (after she arrives in the US).
Answered on Nov 04th, 2011 at 10:50 AM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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If she is here and has entered in a legal status and you get married, then assuming you are a U.S. citizen her green card can be obtained without leaving the U.S. in most cases. To properly advise would also need to know if previous overstays, any criminal record, etc.
Answered on Nov 04th, 2011 at 9:26 AM
Assault Attorney serving Richardson, TX
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You can do the adjustment here. Since she intered legally it is possible to get status without leaving the country.
Answered on Nov 04th, 2011 at 9:26 AM