QUESTION
im a U.S. citizen marrying an immigrant who lives abroad. she is here in the u.s. we just applied for the marriage license.
Asked on May 26th, 2015 on Immigration - Florida
More details to this question:
My fiance has a tourist visa. we will be married at the local court house in 3 days.She wants to return to her country of residence (Nicaragua) because her son of 15 yrs old. How should we apply for the green card? If we apply as concurrent while in the U.S, can she return to Nicaragua and come back in a month? Must we apply while she is in Nicaragua through the embassy there? If we apply through the embassy, can she enter the country before the green card is processed?
1 ANSWER
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
If you apply while she is here as a tourist, she cannot leave for 3 months. At that time, she will get a temporary travel permit. If she leaves and waits, the consulate process can take up to a year. You can also petition her son to come with her. Once she marries you there is a presumption that she wants to stay with her US spouse. Thus, if she leaves and tries to get back in on a tourist visa, they may deny her entry. Then, you have to wait for the 1 year consulate process. She cannot lie at the airport, if upon her return they start to ask questions on who she is visiting, marriage, etc. I would be happy to help in either scenario. You can call me or email: Harun@ksvisalaw.com 858-874-0711
Answered on May 26th, 2015 at 2:31 PM