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Greencard holder marrying visitor / student

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prq20

Junior Member
What is the name of your state (only U.S. law)? California

If a Greencard holder MR. A (EB) marry a US visitor Miss. B within 90 days of the arrival of the visitor, can the married couple legally stay in the US?

If the marriage happens after 90 days of the arrival of the visitor, is there a difference from USCIS perspective while making a favorable decision?

Can MR. A file I-485 for the spouse Miss. B who entered as a visitor?

Can I-130 (F2A based) be filed immediately, and if so, does it allow Miss. B to stay in the US until it has been adjudicated?

In case where Miss. B has entered US on a student visa, will the treatment after marriage be the same as that of a visitor?

Any advice whereby Mr. A and Miss. B can stay together legally in the US after marriage will be greatly appreciated.

Thanks,
 


AHA

Senior Member
What is the name of your state (only U.S. law)? California

If a Greencard holder MR. A (EB) marry a US visitor Miss. B within 90 days of the arrival of the visitor, can the married couple legally stay in the US?

If the marriage happens after 90 days of the arrival of the visitor, is there a difference from USCIS perspective while making a favorable decision?

Can MR. A file I-485 for the spouse Miss. B who entered as a visitor?

Can I-130 (F2A based) be filed immediately, and if so, does it allow Miss. B to stay in the US until it has been adjudicated?

In case where Miss. B has entered US on a student visa, will the treatment after marriage be the same as that of a visitor?

Any advice whereby Mr. A and Miss. B can stay together legally in the US after marriage will be greatly appreciated.

Thanks,
Is Miss B aware of that she is getting married and moving permanently to the US after entering as a tourist?
 

prq20

Junior Member
Miss B does not know about the laws but would like to marry Mr. A and stay with him legally, if possible.

Is there a way that if both like each other and get married while she is on her visit visa, she can stay with her husband, based on any visa or petition?
 

evcalyptos

Senior Member
What is the name of your state (only U.S. law)? California

If a Greencard holder MR. A (EB) marry a US visitor Miss. B within 90 days of the arrival of the visitor, can the married couple legally stay in the US?

If the marriage happens after 90 days of the arrival of the visitor, is there a difference from USCIS perspective while making a favorable decision?

Can MR. A file I-485 for the spouse Miss. B who entered as a visitor?

Can I-130 (F2A based) be filed immediately, and if so, does it allow Miss. B to stay in the US until it has been adjudicated?

In case where Miss. B has entered US on a student visa, will the treatment after marriage be the same as that of a visitor?

Any advice whereby Mr. A and Miss. B can stay together legally in the US after marriage will be greatly appreciated.

Thanks,
There are 2 problems with your idea.
First, it is illegal to come to the US as a visitor with the intention to immigrate on that visit.

Second, the spouse of a US Permanent Resident does not have an immigrant visa number immediately available to her, so she may NOT file I-485 while in the US. She must wait for a visa number to become available (4-5 years) and if she wants to be in the US, she must maintain her own legal status during that time. That means, with her own visa.

The I-130 may be filed immediately, but it does not give her any immigration benefit for staying in the US. Most people with I-130 pending are waiting OUTside the US.

If Miss B is applying for a student visa, she must declare her US-resident spouse/fiance. This may impact her getting the visa or not, but lying at that point is killing immigration to the US forever.
If she gets a student visa, she may remain in the US as long as she is in valid status.
 

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