Kids in Love

[iam2blessed 0]

My question involves my son.  He has been dating a young lady from Greece for a year.  They are talking marriage.  They have been flying back and forth for a year and she wants to remain in the states.  I don't want him to get married as a last resort, it needs to be for the right reason(speaking as a mother).  He loves her tremendously and she the same.  It is heart wrenching watching them part each time she leaves or he leaves her in Greece.  If they happen to get married without going through the proper procedures first, will she be kicked out of the US, or after marriage can we start the application process and she remain in the States while the application process is being addressed.  Any help would be appreciated

[aaron2020 11,651]

Where is she right now?

[iam2blessed 0]

1 minute ago, aaron2020 said:

Where is she right now?

She's here.  Just arrived this morning

[Ben&Zian 4,398]

As above, if she is here currently they could marry and she could stay and adjust status. She wouldn't be able to leave until she received advanced parole though.

 

Goto the link above for "Guides" and you can find the necessary documents needed for this if they choose to marry.

 

 

[aaron2020 11,651]

The only way for her to stay is to marry and file to adjust her status for a green card.

 

Follow the Guides. Button is at the top of this page on a computer browser.

 

Best of luck.

[Crazy Cat 41,898]

7 minutes ago, iam2blessed said:

She's here.  Just arrived this morning

Per existing law, she can legally marry him and remain.  However, she can not leave the US for at least 4 to 6 months......She can not work during this time...

https://www.visajourney.com/content/i130guide2

Edited January 24, 2019 by missileman

[Unlockable 7,314]

Hi @iam2blessed

 

Welcome to the forum. 
 

We get these type of posts a lot where people in a relationship want to be together but may not yet be ready for marriage. Unfortunately, there are no visas for girlfriends/boyfriends. Marriage would be the only option for immigrant visas.

 

However, she would have options for non-immigrant visas (there is a difference). A non-immigrant visa option for her would be a student visa. But it is costly as she would have to show funds to pay for her studies in the US in advance. This could be upwards of tens of thousands of dollars in tuition she would need to show.

 

This site has great resources for you to study. 

If they want to get married in the US -> https://www.visajourney.com/content/k1guide

If they want to get married anywhere else outside the US ->https://www.visajourney.com/content/i130guide1

If she is inside the US now -> https://www.visajourney.com/content/i130guide2 NOTE: She can NOT plan to come to the US beforehand and use her visitor visa to stay and adjust. This is fraud.

Student visa option -> https://www.visajourney.com/content/student-visa-guide

 

Be advise, all of these options take time. and there will be sacrifices (like money spent, time apart, inability to work or travel) that will be made. This needs to be emphasized the most.

[iam2blessed 0]

12 minutes ago, Ben&Zian said:

As above, if she is here currently they could marry and she could stay and adjust status. She wouldn't be able to leave until she received advanced parole though.

 

Goto the link above for "Guides" and you can find the necessary documents needed for this if they choose to marry.

 

 

 

thank you

[Crazy Cat 41,898]

2 minutes ago, iam2blessed said:

 

thank you

Study the guides carefully.  Be advised that she will not be able to leave the US, work, drive, etc. for several months..It might be worth considering the CR-1 option after marrying here in the US.  For the CR-1, she would have to return to her country to wait for the process (but visits are permitted).

[Jaret&Rachael 106]

2 hours ago, iam2blessed said:

My question involves my son.  He has been dating a young lady from Greece for a year.  They are talking marriage.  They have been flying back and forth for a year and she wants to remain in the states.  I don't want him to get married as a last resort, it needs to be for the right reason(speaking as a mother).  He loves her tremendously and she the same.  It is heart wrenching watching them part each time she leaves or he leaves her in Greece.  If they happen to get married without going through the proper procedures first, will she be kicked out of the US, or after marriage can we start the application process and she remain in the States while the application process is being addressed.  Any help would be appreciated

Is she visiting? Or does she have a visa to stay for work, school, etc?

[aaron2020 11,651]

2 minutes ago, Jaret&Rachael said:

Is she visiting? Or does she have a visa to stay for work, school, etc?

It does not matter if she has a visa to stay for work, school, etc.  She was legally admitted into the US, so she can marry and adjust status.  

[Jaret&Rachael 106]

15 minutes ago, aaron2020 said:

It does not matter if she has a visa to stay for work, school, etc.  She was legally admitted into the US, so she can marry and adjust status.  

Sure she can, go ahead. But it is absolutely frowned upon and is legally considered immigration fraud. Multiple forums have confirmed this, and they have also stated that it against VJ ToS. 

Don't look for an easy way out. They can apply for the K1 visa, get approved, she can come to the United States and get married within 90 days. They can get married first, she can return to her home country and they can apply for the CR1 visa, get approved, and she can legally immigrate as a permanent resident of the US. 

Coming to the US with intention to marry and adjust status CAN be done but it risks being denied, deported and even banned. I would not recommend this! 

Edited January 24, 2019 by Jaret&Rachael

[Jaret&Rachael 106]

Check out the forum above, this will confirm what I am saying.

 

[aaron2020 11,651]

4 minutes ago, Jaret&Rachael said:

Sure she can, go ahead. But it is absolutely frowned upon and is legally considered marriage fraud. Multiple forums have confirmed this, and they have also stated that it against VJ ToS. 

Don't look for an easy way out. They can apply for the K1 visa, get approved, she can come to the United States and get married within 90 days. They can get married first, she can return to her home country and they can apply for the CR1 visa, get approved, and she can legally immigrate as a permanent resident of the US. 

Coming to the US with intention to marry and adjust status CAN be done but it risks being denied, deported and even banned. I would not recommend this! 

A.  It's not immigration fraud because she has already been admitted.  What marriage fraud?  They're a real couple, not a fake for green card couple.

B.  It's not against VJ TOS to give advice on her legal option.

C.  Educate yourself on when immigrant intent is relevant.  Then go read Matter of Batista and Matter of Cavazos.  

Who said she came with the intent to adjust status? 

3 minutes ago, Jaret&Rachael said:

Check out the forum above, this will confirm what I am saying.

 

Bwaaaaa!!!!!  Educate yourself on when immigrant intent matters.  Once an Immediate Relative of a USC has been admitted, immigrant intent does not matter.  Read Matter of Batista and Matter of Cavazos.  

Edited January 24, 2019 by aaron2020

[Jaret&Rachael 106]

9 minutes ago, aaron2020 said:

A.  It's not immigration fraud because she has already been admitted.  What marriage fraud?  They're a real couple, not a fake for green card couple.

B.  It's not against VJ TOS to give advice on her legal option.

C.  Educate yourself on when immigrant intent is relevant.  Then go read Matter of Batista and Matter of Cavazos.  

Who said she came with the intent to adjust status? 

I was replying to your advice. You mentioned that it does not matter if she comes here on a visa which permits her to stay for work/school- she can get married and adjust status.  If she is here on a tourist visa and she comes here to get married, and adjusts status within the United States, and PLANS on remaining within the US, it can be considered immigration fraud* (my apologies). 

Edited January 24, 2019 by Jaret&Rachael