How long can my girlfriend stay with me until we marry during immigration?
Asked on Jul 29th, 2011 on Immigration - New Jersey
More details to this question:
My girl lives in Sumy, Ukraine and we plan to marry. How long can she stay in the states before getting green card. Also, does she have to have a green card if we marry?
First she would need to get a visa to come to the U.S. If your intention is to marry within 90 days of entry you can apply for a fiance visa for her. After you marry then you would want to apply for a green card for her or she will lose her right to stay here legally. You must have at least one face-to-face meeting within the last 2 years to come as a fiance and you would need to be a U.S. citizen. Best to consult with an immigration attorney if you are not ready to get married on other options.
If she is currently in the US, you can petition for her green card while she remains here throughout processing. 90 days into the process, she receives work authorization and travel permission. Feel free to call to discuss. Thank you.
Are you going to get married in Ukraine or in the US? The processing times will vary depending on whether you file an adjustment of status or a consular processing. I think I can help you with your girlfriend's situation but I have some questions of my own to ask you in order to clarify some things.
If she is here in the US, and you want to get married, she should apply to become a permanent resident. If she comes on a fiance visa, you should get married within 90 days and then apply for permanent residency.
How long she can stay depends on how she entered the country. She does not have to get a green card, but if she does not she will be here illegally, subject to deportation and unable to work or drive legally. There can be many obstacles to obtaining a green card, even through marriage.
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