Before we met, fiance had green card for over 30+ years. Left US in 2003 after a divorce and to deal with family issues. Green card expired a few years ago. She did not opt to renew at that time. We met, now dating and licensed to be married in MD. Fiance will travel to US in 3 weeks..will be married on 11/27/13. I'm a US citizen. Do we file a renewal (Form I-90)? Or reapply using I-130, I-1485, I-765, and I-864? Thank You.
If a person has not renewed the green card and it has already expired a few years, the green card is most likely lost. Coming to the US in order to get married and adjust status to permanent residence is not a good idea since your fiancée has represented her intention at the port of entry as only visiting the country. Marriage within a short period of time after arrival in the country is frowned upon as being indicative of a misrepresentation of intent upon entry. The best method for you to go about your fiancée's immigration is to either file for a K-1 visa on form I-129F for a fiancée or for residence status using form I-130 petition for alien relative, have it approved, and have her consular process her immigration at the American consulate or embassy overseas.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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