Urgent immigration /marriege question

[Alex1987@@@ 0]

Hello everyone,

I'm an european man and last July I got my Green Card. After one month i came back to Europe to fix all my stuff and next month i'll come back to US(after 3 months) to start my life there. Finally, i'm so exited to start my new life there cause it has always been my dream. The big trouble is that i have the love of my life here in Europe and she doesn't have the green card but only the tourist visa to enter to Us. We are thinking to get married right now before to leave and after 3 months in Us start the adjustment status to give her my green card through our marriage. we want to do everything respecting the law, is it right what we are doing? Or is better to get married in the Us? Of course the last thing we want is to be far from each other and we are looking for advices Asap. Thank you so much in advance for your answers.

[powerpuff 6,697]

Topic moved from Moving to the US forum to Bringing Family members of Permanent Residents to America forum

 

 

33 minutes ago, Alex1987@@@ said:

We are thinking to get married right now before to leave and after 3 months in Us start the adjustment status to give her my green card through our marriage. we want to do everything respecting the law, is it right what we are doing? Or is better to get married in the Us?

It is immigration fraud to come to the US on a non-immigrant visa with an intent to adjust status. Besides, spouses of LPRs cannot adjust status while on VWP/ESTA, only spouses of US citizens are able to. So to answer your question, no it isn’t the right thing to do and even if it were, AOS is not possible.

 

35 minutes ago, Alex1987@@@ said:

Of course the last thing we want is to be far from each other and we are looking for advices Asap.

Being apart the last thing anybody here wants to do. As a permanent resident, the process of petitioning a spouse is very lengthy and it won’t be ASAP. Unfortunately, that is the reality of US immigration.

[JeanneAdil 6,505]

marry while u are there and apply online from Europe/that starts the process 

not fast nor easy nor cheap

[Alex1987@@@ 0]

 

2 hours ago, powerpuff said:

Topic moved from Moving to the US forum to Bringing Family members of Permanent Residents to America forum

 

 

It is immigration fraud to come to the US on a non-immigrant visa with an intent to adjust status. Besides, spouses of LPRs cannot adjust status while on VWP/ESTA, only spouses of US citizens are able to. So to answer your question, no it isn’t the right thing to do and even if it were, AOS is not possible.

 

Being apart the last thing anybody here wants to do. As a permanent resident, the process of petitioning a spouse is very lengthy and it won’t be ASAP. Unfortunately, that is the reality of US immigration.

You are elegible for the adjustement status if you are:

Family member of a lawful permanent resident, meaning you are the: 

• Spouse of a lawful permanent resident
• Unmarried child under the age of 21 of a lawful permanent resident
• Unmarried son or daughter of a lawful permanent resident 21 years old or older

So, this is what the american law says! So my question is what is better to do, because i already know that we can do it. 

 

1 hour ago, JeanneAdil said:

marry while u are there and apply online from Europe/that starts the process 

not fast nor easy nor cheap

marry where we are in US?

[Boiler 45,497]

3 minutes ago, Alex1987@@@ said:

 

You are elegible for the adjustement status if you are:

Family member of a lawful permanent resident, meaning you are the: 

• Spouse of a lawful permanent resident
• Unmarried child under the age of 21 of a lawful permanent resident
• Unmarried son or daughter of a lawful permanent resident 21 years old or older

So, this is what the american law says! So my question is what is better to do, because i already know that we can do it. 

 

marry where we are in US?

There is an old saying a little knowledge is dangerous, you need to read all of the regulations.

[powerpuff 6,697]

1 hour ago, Alex1987@@@ said:

 

You are elegible for the adjustement status if you are:

Family member of a lawful permanent resident, meaning you are the: 

• Spouse of a lawful permanent resident
• Unmarried child under the age of 21 of a lawful permanent resident
• Unmarried son or daughter of a lawful permanent resident 21 years old or older

So, this is what the american law says! So my question is what is better to do, because i already know that we can do it. 

 

I’m aware what the US Immigration law states and it clearly states that spouses of Green card holders are barred from adjusting status on VWP(=ESTA):

 

 https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7: "A noncitizen admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status …These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants."

 

 

You need to properly file for your spouse just like everyone else. It will take at least 5 years for spouses of permanent residents.

Edited September 25, 2023 by powerpuff

[JeanneAdil 6,505]

27 minutes ago, Alex1987@@@ said:

 

You are elegible for the adjustement status if you are:

Family member of a lawful permanent resident, meaning you are the: 

• Spouse of a lawful permanent resident
• Unmarried child under the age of 21 of a lawful permanent resident
• Unmarried son or daughter of a lawful permanent resident 21 years old or older

So, this is what the american law says! So my question is what is better to do, because i already know that we can do it. 

 

marry where we are in US?   next month i'll come back to US(after 3 months) to start my life there

u state u are not in the US

 

from Nolo law

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

 

If you pose as a tourist (whether with a visa or on the VWP) with the secret intention of staying in the United States for an indefinite time, you will have committed visa fraud. Visitor visas, or indeed any temporary visas, are for people who intend to stay temporarily—and then leave. They are not for people who plan to marry and live happily ever after in the United States.

If U.S. Citizenship and Immigration Services (USCIS) chooses to make an issue of it, your misuse of a tourist visa could lead to your losing the right to obtain not only a marriage-based green card, but most other types of U.S. visas.

[Boiler 45,497]

I would focus on naturalising as that may be quicker than waiting for the F2a to be current.

[SalishSea 17,829]

8 hours ago, Alex1987@@@ said:

Hello everyone,

I'm an european man and last July I got my Green Card. After one month i came back to Europe to fix all my stuff and next month i'll come back to US(after 3 months) to start my life there. Finally, i'm so exited to start my new life there cause it has always been my dream. The big trouble is that i have the love of my life here in Europe and she doesn't have the green card but only the tourist visa to enter to Us. We are thinking to get married right now before to leave and after 3 months in Us start the adjustment status to give her my green card through our marriage. we want to do everything respecting the law, is it right what we are doing? Or is better to get married in the Us? Of course the last thing we want is to be far from each other and we are looking for advices Asap. Thank you so much in advance for your answers.

No, you cannot do that.   You must petition her for a visa.   It won’t be fast.

[jan22 3,055]

There are a few details that makes what you "already know" you can do into something that you can't actually do.  You need to do a lot more research.  For example, here are a couple of points to be considered:

• As an LPR, your spouse will be in a visa category that is numerically limited -- only so many can be approved each year.  You would not be able to adjust status until a visa number is available for your Priority Date (PD) -- the date that you will file the petition after you are married.  Unless you can go back in time and be in the US, get married (or have married prior to US entry), and file the petition no later than 01 September 2023 (i.e., almost a month ago) you cannot file to adjust status.  That is the PD that is "current" for filing for an adjustment of status as the spouse of an LPR.
• If you try to enter the US as an LPR with your spouse with a visitor visa, the immigration officer will question your/her intentions.  When she answers truthfully -- as she must -- that she plans to stay and adjust her status, she will most likely be denied entry, as she should be.

If you had an approved petition with a Priority Date that was current, and your spouse had entered the US to visit but had a sudden change of plans that required her to stay in the US, she would then qualify to apply to adjust status.

[EM_Vandaveer 2,408]

1) A spouse of a GC holder cannot adjust from a VWP entry (only a spouse of a USC can).

2) F2A is NOT current, so your spouse couldn't adjust even if the entry was on a visa - as a spouse of a GC holder, overstay is NOT forgiven & they'd have to be in legal status when PD becomes current & adjustment becomes possible.

[Sparkle Sparkle 914]

It is visa fraud if she plans to enter the US , marry and adjust her status. If you marry in the USA , she has to stay only for the remainder of her permitted stay (determined by CBP at point of entry, its usually 6 months) then return to Europe petition for her to move to USA. If you marry in Europe then you go back to USA ALONE then petition for her to move to the USA. Green card petitions are slower, however if you become a citizen...you can upgrade your petition and it moves faster.