question about a marrying a LPR on a tourist visa.

[aleful 1,905]

5 hours ago, f f said:

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

none of the above

 

his parent is only a legal permanent resident, not a US Citizen, residents can't file for married children only USC can, to pass to an F3, first his petitioner would have to be a US Citizen, then they could get legally married, there has to be a marriage certificate for immigration, an F1 can pass to F3 because the parent is already a citizen, from an unmarried child of a USC to a married child of a USC

 

his mom or dad is a resident because he is an F2B, unmarried child of a resident, he must remain unmarried and enter the country as unmarried or the petition will be voided, once he enters the country he can go back to marry, or his girlfriend can come and visit and marry, but she must return to her country. the petition can take up to 2 years

[JFH 12,191]

It's an interesting arrangement. LPRs can only petition unmarried children so we have here someone who is not legally married but had been living with someone in a marriage-like union - a union which had also produced three children - who is going to marry and petition for them anyway the minute he becomes an LPR himself. Begs the question why married sons and daughters of LPRs are not permitted in the first place since cases like this happen all the time where they are as good as married but for the actual certificate. They are even referred to as "spouse" on the OP. 

[Unlockable 7,315]

20 hours ago, Eddymvp said:

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

Are they Dominican?

 

 

6 hours ago, f f said:

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

My wife explained this to me. In the Dominican Republic a couple is considered "married" if they are living together. From my understanding it is not recognized by the government. My wife once told me about a neighbor she had who had many "husbands". That is when she explained it is commonly accepted in their country for people to claim spouses if they are cohabiting, especially if they also have children together. Maybe the case with the OP's cousin.

[Dualie 185]

My understanding is that USCIS does not recognize common law unions. One needs to produce a marriage certificate to prove the legal marriage.

[NikLR 13,232]

OP they can get married, finally, but she cannot stay.  He has to petition her separately and it takes about 2 years.