QUESTION

How a green card holder get married with a non US citizen?

Asked on Feb 08th, 2013 on Immigration - Florida
More details to this question:
I am a green card holder for last 1.5 year. I am planning to get married to not US citizen. Can she stay in US on her tourist visa while processing the sponsorship for her green card? The tourist visa is only for 3-6 months, but is it possible to extend the status without leaving US?
Report Abuse

5 ANSWERS

She cannot legally stay in the US. She will be unlawfully present and subject to removal. The processing times are currently 2-3 years for a spouse of a US permanent resident. However, if she overstays, even once that period of time is up she will not be eligible to adjust status because she will have been unlawfully present. She will then need to wait for you to become a US citizen and upgrade her status to that of an immediate relative. Only then will she be able to adjust status. Until that time, she will not be eligible for employment.
Answered on Feb 25th, 2013 at 2:11 AM

Report Abuse
Adebola O. Asekun
A legal resident alien who marries an alien without legal status can file petition for that spouse. Such petition is under the family second "F-2A" preference category. The current processing time for petitions in that category is about 2 and half years [30 months]. In your case, a visa for your intended spouse will become available long after her current B-2 visa has expired. And if she remains in United States beyond the expiry of her B-2 visa, [6 months], she will fall out of status. When her petition becomes available, she may be unable to adjust status [green card]. Unlike US citizen spouses, wifes of green card holders must remain in status if they wish to adjust status in United States. Because, you only recently became an LPR, it is unlikely you will be eligible for naturalization for by the time your intended spouse' petition becomes current. ( and even for about 2 years after that). You should consult with an experienced immigration lawyer to discuss in more in-depth detail various alternative ideas for your spouse that may allow her to obtain a green card more quickly or advise how she may remain legally in the US while she waits for her petition to become current.
Answered on Feb 11th, 2013 at 6:27 PM

Report Abuse
Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
Right now the waiting period for an immigrant visa for the spouse of a permanent resident is approximately 3 years.
Answered on Feb 10th, 2013 at 8:30 PM

Report Abuse
Civil Rights Attorney serving San Bernardino, CA at Anyiam Law Firm Inc.
Update Your Profile
She can legally stay until her visa expires. She can apply for an extension and may receive one for six month, after that she will have to leave the country. If she has a multiple entry visa, she may return at a later date.
Answered on Feb 10th, 2013 at 7:18 PM

Report Abuse
Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
Update Your Profile
She cannot extend a tourist visa if she is married. But if she marries 60 days after entering the US, she will be considered lawfully present while her application is being processed.
Answered on Feb 10th, 2013 at 6:57 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters