QUESTION

If I marry my fiance who is a foreigner while she''s here in US on a tourist visa can she legally stay here with me if I''m a US permanent resident?

Asked on Aug 27th, 2011 on Immigration - West Virginia
More details to this question:
I''m a permanent resident - I have a green card. My fiance has a turist visa and is allowed to spend 6 months in a year here in US. If we were to get married while she is here can her status be changed in order for her to stay here? From what I undestand the process to change her status is very long if we were to get married in her home country. Does getting married here and her being already here change the process in any way?
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1 ANSWER

Immigration Law Attorney serving Cleveland, OH
3 Awards
Dear Sir, Thank you for posting your question.  Unfortunately there is not a category for fiances of LPRs to receive any sort of visa under current law.  If you fiance entered the US while on tourist visa, you may see if there is a way for her to remain in US legally through another visa category.  The key is for you to become a citizen and then you could petition for her at that time.  One of the things that you must watch out for is whether your fiance entered the US to gain immigration benefits while presenting herself as a tourist.  This is a significant issue that you must take into account.  In other words, if your fiance applied for the visitor visa but her true intention was to gain immigration benefits after her entry, it might be viewed by the USCIS to have not been forthcoming which could complicate her immigration process.  I would advise you to seek consultation with an experienced immigration attorney. Please let me know if you have any questions. Gus M. Shihab, Esq. The Law Firm of Shihab & Associates, Co., LPA
Answered on Aug 28th, 2011 at 3:47 PM

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