Fiance for green card holder

[Damo&Vinh 0]

Good evening,

I would like to ask a few questions and hopefully there will be answers.

 

Me and My partner in met 5 years ago. I then moved to his country and lived with him for more than 4 years and a half.

But last year I got my 10 years green card granted and moved to America. We decided to get married in the US, he will flight in with VWP, because his country is in the list.

My questions:

- Can I apply I-130 after we get married?

- He will not stay for 90 days, 40 max, but after that will he be able to come back and visit me with VWP?

- I have all the evidences needed to prove our relationship, but because we will get married within a week after he entered the US, will it be considered a fraud?

 

Thank you for reading my topic!

 

 

[Sukie 1,463]

As long as your partner returns to his home country after you marry, you will be OK.  You can then apply for the I-130.  He can then visit you on the Visa Waiver Program - just be aware that Border Patrol may be a little more suspicious of him.

 

We did the same thing.  My partner was never questioned, even after she changed her last name to my last name.  She had a copy of the I-130 NOA1 with her - and if she were ever asked, she would have said that we were following all the rules - and that she was returning back to her country and waiting for her Green Card to be issued.

 

It is not fraud if you marry after he visits on the VWP.  It would be fraud (because you are already talking about marrying and getting him a green card) if you married and he tried to stay in the US and adjust status.

 

It will take about a year for the complete green card process - several months for the I-130 to be approved and several more months until all the paperwork is complete and he has his interview.

 

Good luck to you both!

 

Sukie in NY