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mikeca

getting married with green card holder

By mikeca in Bringing Family Members of Permanent Residents to America

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mikeca Newbie

mikeca   0

Posted
Filed: Other Timeline
Posted

Hi,

I read the comments on the forum but i need to make sure about couple of things

i have a green card holder and my girl friend came to US 2 weeks ago with B1/B2 ( 10 years visa) and she can stay 6 months.

If we get marry, when we can get marry? ( on couple of website i read we must wait about 3 months to get marry

after we marry and submit the documents to AOS , can she wait in USA until she gets the green card? or she must go back to her country after 6 months and wait there?Because when she entered the USA she got 6 months permit

Thank you for your valuable answers

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

You can definitely marry whenever you like, 30 days or 3 months rule are just the arbitrary numbers considered by some folks to not make it look like one came to US to marry.

Since you are a GC holder, after you marry your GF, all you can file for now is i130 and not the AOS package. You can file for AOS only if the priority date is earlier than filing date in F2A category which is now running on June 2015. So its higly unlikely that you can file for AOS in next 6 months. So either she has to return back or she has to apply for extension.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

mikeca Newbie

mikeca   0

Posted
Filed: Other Timeline
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Posted

so my understanding is after i get marry in USA i will file I-130 and after 6 months her permit finish she will be back to her country right ?

If its like that why did she spend time and get tourist visa and came here? i would went to her country and get marry...i knew when we get marry in USA she can stay here until she gets green card:(((

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Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
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Posted

I see...

So your true intention actually is to get tourist visa, enter US, married and stay (which is fraud by the way) :rolleyes:

Too bad, you are not a US citizen yet. So your soon to be wife can't AOS right away inside US.

However, since she already has a tourist visa, she can come and visit you while the waiting for the priority date to be current.

Done with K1, AOS and ROC

NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

so my understanding is after i get marry in USA i will file I-130 and after 6 months her permit finish she will be back to her country right ?

If its like that why did she spend time and get tourist visa and came here? i would went to her country and get marry...i knew when we get marry in USA she can stay here until she gets green card:(((

So your intention was to commit visa fraud?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted

so my understanding is after i get marry in USA i will file I-130 and after 6 months her permit finish she will be back to her country right ?

If its like that why did she spend time and get tourist visa and came here? i would went to her country and get marry...i knew when we get marry in USA she can stay here until she gets green card:(((

That in itself is visa fraud. I'm sorry that you were misinformed. Unfortunately that's he way immigration goes.

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

What work does she do that allows six months off to go and visit her boyfriend overseas? Or did she quit her job and hope to stay?

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Shauneg Experienced

Shauneg   762

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

so my understanding is after i get marry in USA i will file I-130 and after 6 months her permit finish she will be back to her country right ?

If its like that why did she spend time and get tourist visa and came here? i would went to her country and get marry...i knew when we get marry in USA she can stay here until she gets green card:(((

You did all that because you didn't do any research and want to do whatever you please.

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

US Citizens do not have to wait for a visa number for their spouses and minor children. Green card holders must wait. Because you are a green card holder your wife has a 2 year ( roughly ) wait for a visa number to be available. Because of this she must obey the rules of her visa. None of us know why you thought you could avoid immigration laws and have her stay but you are wrong and wasted the money . Hopefully she has somewhere to go back to .

This will not be over quickly. You will not enjoy this.

Boiler Grand Master

Boiler   46,131

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

And what? You never broke a rule or any laws? At least they are trying to stay here legally unlike many others!

Reported

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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