Marrying a woman from China – how can she stay in the US?

[GermanGuy 0]

I’m a LPR since May 2011, so still 3 years away before I could apply for citizenship, not that I actually had intended to apply.

But now, on a party, I met a woman from China and it was love at first sight. But she is here in the US only on a tourist visa.

Is there any way that she could stay if we got married? Or would she have to return and wait in China? Could she visit me in the US while waiting for the approval of the I-130? We want to have children but are both not the youngest anymore. A two year separation may just destroy out family planning.

What if she would leave before we get married and then return on a student or similar visa – could she stay then after we got married while I apply for an adjustment of status?

Are there any other ways?

[Jahwaree 83]

If you get marry and the urgency is there due to age go ahead get your wife pregnant, there's nothing illegal about that, but did U get your GC by a USC wife?

dont seem like it but if U did that would be close to remarry (red-flag)I 'd say marry in the US. let her retun home & file for your spouse, whenever she visits if questioned about her being married be truthful, also travel with proofs like job letter or property papers showing ties back home that she has no interest in staying permanently on the visit. to adjust, however if she marry and stay past the allowed time in the US she would have to wait to get GC before leaving the USA again

[GermanGuy 0]

No, I got my Green Card the hard way through work - 6 years on H-1B and then the G.C. sponsored through the company. Took me eight years in total. And it are almost to the day 3 more years until I can apply for citizenship (90 day early filing).

So you say if I marry her right now and file the I-130 for her she could for sure come and visit me in the US? She is actually quite wealthy and has a business in China.

Or could she even stay if she is already in the US when I file the I-130? I thought that would only be the case if she were here on her own work or student visa. As I understand you can't file an adjustment of status on a tourist visa.

The other issue is that she has a son back in China that will turn 18 this year and she is afraid that she can't bing him with her then. But from what I could gather at the USCIS website is that there is no age limit for children. Now the question is would that only apply for my own kids or also for her kids out of previous marriages?

谢谢

[Penguin_ie 5,995]

There is no way for her to stay currently, on the tourist visa. You can get married now, and you can petition for her, but as you already know it'll take 2+ years for a visa to become available for her as the spouse of a greencard holder. She can visit on her tourist visa during that time, or if you can afford it, you can try for an F1 student visa (or a work visa, depending on her qualifications), but she may have difficulty getting the student visa with a greencard holder husband.

Sounds like your best option )cheaper, too) may be to marry now, petition now, and start family planning now but be prepared for a child to be born in China.

[GermanGuy 0]

What if she gets the student visa before we get married? Could she stay if we marry after she returns on such a visa? As I see it it would then just be adjustment of status, right?

[Penguin_ie 5,995]

No, a wife of a grencard holder cannot just adjust status, because she'd need to wait for her priority date to come up, which currently takes about 2.5 years. However, she can stay after marriage as long as her F1 is valid- ie the marriage will not cancel her student visa.

[aaron2020 11,651]

There's no way for her to stay. It takes 2-3 years for an LPR to petion a spouse. She must return home.

HERE IS A POINT OF CONCERN. Marry before her son turns 18. If you do that, you can file for him as your stepson if necessary when you become a US citizen. (I will explain).

You file for your wife in the F2a category, so her son is included. If his CSPA age is over 21 when the petion becomes current, he will age out and cannot immigrate with mom.

If you marry when he is 18 or older, only mom can file for him after she immigrates. That will be 8 years before he can immigrate.

If you marry when he is 17, he can still age out in the f2a category. However, you can file for him ehen you are a US citizen and it would only be 1 year before he can immigrate.

[GermanGuy 0]

How if I adopt him before he turns 18?

[aaron2020 11,651]

How if I adopt him before he turns 18?

No immigration benefits for a child adopted after age 16. So adopting him at age 17 will get him nothing. You would need another path, and that path is marriage before he turns 18.

Marriage before age 18 is the best you can do.

[Brother Hesekiel 2,236]

Once you got married, which you can do at any time, you can get your (then) wife residency in Germany.

Alternatively, your wealthy wife can get you residency in China. Since you didn't plan on becoming a US citizen before meeting this woman, living either in Europe or China may be a viable option.

Or, if your soon-to-be wife is wealthy enough to spend a cool million, she could go the investor route via an EB-5 visa.

Absence makes the heart grow fonder, they say. So if you plan on becoming a US citizen and your long distance relationship is still going strong afterward, you can take the next step.

Edited February 5, 2013 by Brother Hesekiel