When can I marry?

[madein 0]

My visa recently got approved as an unmarried adult child of a US citizen. I want to petition for my fiance. Can I marry her now in my country, after I enter the US or do I have to wait for a period of time as a green card holder before I marry and apply for the I130? 

As proof of permanent residency do I have to wait for the physical green card or a copy of the immigrant visa is sufficient?

[geowrian 22,338]

Do NOT marry before entering the US...this would make you no longer eligible for the visa and can be cause to have your green card status revoked.

You can marry at any point after entering the US on the immigrant visa. You could literally enter on the visa, go abroad and marry, then come back. The endorsed visa acts as a green card for 1 year. You can use that in lieu of the physical green card for petitioning purposes.

 

Once you marry, you can then file the I-130 at any time. There's no time period to wait.

For the spouse of an LPR, the wait time is about 2 years for the PD to become current, then NVC and embassy processing timelines. Expect roughly 2.5 years from filing to interview.

[arken 4,197]

Agreed with the post above, you have not been yet granted the permanent residency, just a visa to enter US. You will be granted the PR once you enter US on your immigrant visa. If you are married when you enter US, your approval as an unmarried adult will no longer be applicable and so you won’t be entitled to a GC.

 

As said, you can enter US with your visa, may be stay for a month or two by which time you will get the GC and SSN then go back, marry and come back to US again and start petitioning your wife. If you want you can also go back for marriage without waiting for the GC in hand.

 

I guess you are well aware that it’ll take around 2 years or more for your wife to immigrate to US.

[madein 0]

I know that coming on a tourist visa and changing status within 90 days or so make it a case for misrepresentation. If I come on a immigrant visa as an unmarried child of a US citizen, can I leave the next day, marry my spouse and then a week after apply for 130? Can this be a case for misrepresentation?

 

Thanks

[geowrian 22,338]

7 hours ago, madein said:

I know that coming on a tourist visa and changing status within 90 days or so make it a case for misrepresentation.

You know wrong. There is no time constraint for applying for AOS. You're misunderstanding a DOS rule with a USCIS/DHS process (USCIS handles AOS).

It is still fraud to enter on a tourist visa with intent to adjust status, regardless of any timeline.

 

7 hours ago, madein said:

If I come on a immigrant visa as an unmarried child of a US citizen, can I leave the next day, marry my spouse and then a week after apply for 130? Can this be a case for misrepresentation?

This is permitted.

Immigrant intent is not an issue for somebody entering via an immigrant visa. Nor is there any issue with filing an I-130 for somebody...the I-130 petition just starts the visa process.

[SusieQQQ 11,587]

12 hours ago, madein said:

I know that coming on a tourist visa and changing status within 90 days or so make it a case for misrepresentation. If I come on a immigrant visa as an unmarried child of a US citizen, can I leave the next day, marry my spouse and then a week after apply for 130? Can this be a case for misrepresentation?

 

Thanks

You wouldn’t be the first to do this (ie come in on condition you remain unmarried, and then get married), and it’s not changing status - your status when you enter (once your visa is stamped) is that of a permanent resident, and that’s what you will remain until your naturalization (should you choose to do that). Getting married after entry does not change that. The law only requires you to remain unmarried until entry to be able to use your visa.

Bear in mind your future wife will not be able to come in on a tourist visa and file to adjust, because she will be the wife of an LPR and will not have a visa number immediately available. She will have to wait out the 2-2.5 years in your home country until her priority date becomes current and she gets her interview. 

Edited July 14, 2018 by SusieQQQ

[Triple28 65]

12 hours ago, madein said:

If I come on a immigrant visa as an unmarried child of a US citizen, can I leave the next day, marry my spouse and then a week after apply for 130? Can this be a case for misrepresentation?

You can do that legally, so do not worry. As long as you keep your SINGLE status before you enter to the US using immigrant visa.

When the CBP stamp your passport, it is considered as a temporary greencard in 1 year. You can go back to your country and get married.

Then go to the US to finish all the process to petition for your wife.

 

Remember that you cannot leave the US more than 1 year or you will lose your resident status. Even you leave the US only 6 months, you will be questioned when you return to US.

So if you want to have a honeymoon or stay with your wife in your home country, please consider that.

 

Moreover, you should ask your family in US to get the greencard and social security card for you (delivered to your US address within 2 weeks - 3 months) during the time you go back to your country for marriage.