Which forms should I file if I marry a US visitor? 5 Answers as of November 06, 2014

I'm a US citizen. My girlfried has visited me on many occasions. She holds a Venezuelan and Italian passport. She uses her Italian passport to enter the USA. I was wondering if I have to file a petition for an alien fiance (I-129F) form or if we could get married as soon as she arrives to the US as a visitor and then apply using form I-485? Which application type would this petition fall? I appreciate your advice.

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Walker & Ungo Law Firm
Walker & Ungo Law Firm | Gabriela Ungo
I strongly advise you to invest in a formal consultation with an immigration lawyer before you file anything for your girlfriend.
Answer Applies to: Mississippi
Replied: 11/6/2014
SwagatUSA, LLC
SwagatUSA, LLC | Dhenu Savla
These are highly complex questions that depend on many factors and would be best answered in a thorough attorney consultation. US immigration is not a simple process. If you want to make sure your girlfriend?s status is not compromised, I do not recommend trying to wing this on your own. You can hire an immigration attorney from any state in the U.S. They do not need to be local, simply licensed and practicing immigration law.
Answer Applies to: Illinois
Replied: 11/6/2014
Rivas-Rivera Law Offices
Rivas-Rivera Law Offices | Juan Ramon Rivas-Rivera
If you decide to get married while she is here, you will have to file a petition along with the application to adjust. She might also be interested on filing for an employment authorization card. She will need to remain in the US while proceedings are pending or risk denial at re-entry.
Answer Applies to: Texas
Replied: 11/3/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You can file for the green card when she is in the US. No need to do a fiance visa. Just wait a couple of months before getting married. Otherwise, it might look like she came to get married which can cause problems in the green card process. You should consult with an experienced immigration lawyer before doing anything.
Answer Applies to: California
Replied: 11/3/2014
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You can apply using I-485 but you should not get married right after she enters as a visitor because that can be seen as misrepresentation of intent at the time of entry and could result in a denial of her application. You should wait for at least 90 days to get married and file for adjustment of status.
Answer Applies to: California
Replied: 11/3/2014
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