question about a marrying a LPR on a tourist visa.

[Eddymvp 11]

I have a cousin that is on the F2B waiting for an interview,  he has a spouse and two children, his spouse recently applied for a tourist visa and was approved.  Once my cousin gets his Green Card is it better for his spouse to wait until he gets to the USA to marry him and then he can petition for her?

[Georgia16 2,858]

They can do whatever but a spouse of a Green card holder will take about two years to get so there will be a long wait before the spouse can come to the USA.

[DrEllaNJ 288]

39 minutes ago, Eddymvp said:

I have a cousin that is on the F2B waiting for an interview,  he has a spouse and two children, his spouse recently applied for a tourist visa and was approved.  Once my cousin gets his Green Card is it better for his spouse to wait until he gets to the USA to marry him and then he can petition for her?

he has a spouse... and wants to marry her? Are they already married, or just living together? Do you mean spouse (wife) or partner/fiancee?

 

1) coming to the US as a tourist with the intention to stay and adjust is fraud

2) there is no AOS for spouses of LPR. There is no immediately available immigrant visa. Once petitioned, it takes several years to receive an immigrant visa for the spouse of LPR

Edited February 22, 2017 by DrEllaNJ

[Eddymvp 11]

23 minutes ago, DrEllaNJ said:

he has a spouse... and wants to marry her? Are they already married, or just living together? Do you mean spouse (wife) or partner/fiancee?

 

1) coming to the US as a tourist with the intention to stay and adjust is fraud

2) there is no AOS for spouses of LPR. There is no immediately available immigrant visa. Once petitioned, it takes several years to receive an immigrant visa for the spouse of LPR

They have been living together for over 10 years, they are not married yet

[Georgia16 2,858]

1 minute ago, Eddymvp said:

They have been living together for over 10 years, they are not married yet

Okay don't call them spouse when they aren't and you should tell them not to either it can mean a lot of issues in immigration to call people spouse if they are not.

 

But as said they will have to prepare to be apart in each country for about two years after they are married and petition is filed.

[Boiler 46,125]

Begs the question why he would leave his SO and children.

[Eddymvp 11]

1 hour ago, Georgia16 said:

They can do whatever but a spouse of a Green card holder will take about two years to get so there will be a long wait before the spouse can come to the USA.

Thanks for the information,  I thought there was an option that if they get married here  she can stay and wait for her LPR visa in here.

[Georgia16 2,858]

1 minute ago, Eddymvp said:

Thanks for the information,  I thought there was an option that if they get married here  she can stay and wait for her LPR visa in here.

No.

[Eddymvp 11]

on a F2B  visa, can she be added to the application?

[Boiler 46,125]

• Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)
• Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400)

[DrEllaNJ 288]

8 minutes ago, Eddymvp said:

Thanks for the information,  I thought there was an option that if they get married here  she can stay and wait for her LPR visa in here.

 

7 minutes ago, Georgia16 said:

No.

that's only an option for people who marry a USC - IF they don't come here on a tourist /other type of non-immigrant visa with the intention of adjusting

[Georgia16 2,858]

4 minutes ago, Eddymvp said:

on a F2B  visa, can she be added to the application?

It's for unmarried son and daughters over 21

[Eddymvp 11]

3 hours ago, Boiler said:

• Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)
• Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400)

Thanks again, what about his children, can they come with him since they are the grand-children of the petitioner?

[Boiler 46,125]

Derivatives are allowed.

[f f 725]

if they have been together for 10 years are they considered a common law marriage? and is that type of marriage recognized by uscis? if so he might get dropped down to f3