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Immigration : Includes Citizenship, Permanent Residence, Green Cards, Visas, Asylum and Deportation
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  #1  
Old 02-06-2004, 01:47 PM
MaiTXuan
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Question

friend marries foreigner


maryland

my friend marries vietnamese girl from vietnam. he is a us citizen; how long before his wife can come to usa? how long before his wife can get permanent legal status? thereafter, how long before she be eligible for citizenship? what if 5 years down the line, they decide not to stay together---does she stay in usa or deported?
  #2  
Old 02-06-2004, 02:25 PM
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Location: New York
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Although there are no limits on immigrant visas available to spouses of US citizens, it still takes several months (most probably over a year, but it depends on the backlog at the center handling her case) before the processing is finished. So if your friend's wife will wait for her green card in Vietnam, it will be some time before she can come here. It would probably be easier on them if she could get a tourist visa, marry in the US and apply for an adjustment of status. This way she could wait here for her green card.

After she gets a green card, she is eligible for citizenship after 3 years if they are still married, and after 5 years of residence, if they were to divorce.

When she first gets her green card, it will be a conditional one. They will have to apply JOINTLY to remove this condition before the second wedding anniversary. If they don't, her green card will expire and she would be required to leave the US.
Since they are required to apply jointly, they really shouldn't divorce before the conditional status is removed. After that, her status will not be affected by the divorce.
  #3  
Old 02-06-2004, 03:37 PM
Immigrantguide
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She should wait to get the immigrant visa in Vietnam. If she enters the United States as a tourist, she must NOT INTEND TO MARRY, or she will have misrpresented herself to an immigration official, which will prevent her from getting a green card.
  #4  
Old 02-07-2004, 12:42 AM
moniques
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Mrowka is mistaken


Mrowka you're wrong about one thing and you just scared s.. ouy of me.
You apply jointly to remove condition not within 90 days before your second wedding anniversary but within 90 days before your second anniversary as a conditional resident. That's a huge difference!!!!
From the INS website
"You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country"
  #5  
Old 02-07-2004, 09:18 AM
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You are absolutely right. It is a second anniversary as a resident not a wedding anniversary.
  #6  
Old 02-07-2004, 09:24 PM
moniques
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to Mrowka


Hey Mrowka, are you Polish by any chance?
I'm Polish, live in the suburbs of Philly, not that far from NY
  #7  
Old 02-09-2004, 11:08 AM
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Hey Moniques,
Yes, I am Polish. I live in Brooklyn so we're almost neighbors
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