My future spouse is currently living outside the U.S. She currently had a tourist Visa to U.S and planning to come for a visit. We are also planning to get married here in the U.S. My question is if we got married in the U.S, will I be able to apply for a green card for her to change her status. Or would she have to leave the country and then come back since she is on tourist visa. I am trying to find the best solution with the least problems?
You may marry your fiance in US provided she enters on tourist visa and pay additional $1000 fees in addition to the filing fees of I-485 application. However, I recommend that you consult with an immigration attorney prior to doing so because based on her and your particular factors, there may be concerns.
She should be able to apply for adjust of status without leaving the US.
You will be able to apply for her here in the US if you are a USC. She will not have to leave the US in order to do so.
Yes but she will be running the risk of immigration fraud. Entering the US with a non-immigrant visa then marrying someone here creates a presumption of fraud automatically. It is difficult to overcome this presumption. Your safest bet is to petition a K1 fiance visa for her. Once she's here on the K1 visa, get married within 90 days, and start the adjustment process.
After you are married, you can file for residency. However, at the residency interview, she will probably be questioned about the reasons she stated for her visit to the U.S. on a tourist visa. Many people in this situation receive residency. However, it is possible for an adjudicator to assert that she had an underlying intent to stay here permanently when she came on the tourist visa. However, this issue can be remedied with a waiver application.
The good news is that you can apply for her green card after marrying her in the U.S. Just be careful. Don't get married too early otherwise you can have problems. My rule of thumb is to wait at least 30 to 60 days after the last entry before getting married. And once married, you can apply for the green card in the US. The process takes about 3 months from start to finish. You should also consult with an immigration attorney before getting married (after she arrives in the US).
Technically, your fiancé could marry you in the United States and seek adjustment of status in this country. However, she may have an issue regarding her intent when she entered the United States. A person cannot enter the United States using a non-immigrant visa with the intent to immigrate to the United States. This could lead to revocation of the non-immigrant visa and possibly allegations of material misrepresentation, which would then require your fiancé to need a hardship waiver. It would be in everyone’s best interest if she either entered using a fiancé visa or returned to her country and process through the consulate.
You can do the adjustment here. Since she intered legally it is possible to get status without leaving the country.
If she is here and has entered in a legal status and you get married, then assuming you are a U.S. citizen her green card can be obtained without leaving the U.S. in most cases. To properly advise would also need to know if previous overstays, any criminal record, etc.
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