Will it be a problem for her to stay in the country while we waiting for green card approval or she has to go back before her visa will expired? 4 Answers as of February 09, 2015

My girlfriend got a tourist visa and we want to get married in a couple weeks after she got in the country. After that, we can apply for i130 and i485. I'm a US citizen. I read couple of articles, say that if the marriage happen in a period less than 90 days, the immigration will get that like a fraud and it's possible that she'll be deported. What's the best road for us, which we can follow, without having any issues?

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Law Office of Christine Contreras | Christine Contreras
The best thing to do is wait until her status expires and then get married and apply for her residency at that time. If you marry too soon, it will be considered fraud as the purpose for entering with a tourist visa is to visit, not to stay permanently. She will be violating her visa if she marries during her allotted time. Since she will be married to a US citizen, the time she is out of status after expiration of her allotted time will not be held against her. This is the best way to go about it if you want her to stay in the US while you complete the process. There is a way to petition her from outside of the country but you would be separated.
Answer Applies to: Illinois
Replied: 2/9/2015
Alena Shautsova
Alena Shautsova | Alena Shautsova
They have a presumption, you can rebut it, and it is 60 days. Hire an attorney.
Answer Applies to: New York
Replied: 2/6/2015
Law Office of Josue S Villanueva
Law Office of Josue S Villanueva | Josue Villanueva
Wait longer before filing the visa petition.
Answer Applies to: California
Replied: 2/6/2015
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
I recommend only waiting 30 days from the date of last arrival before getting married. As long as you are prepared for the interview, all will be fine. I prepare my clients before their green card interview. They will know what to say before they are asked any questions.
Answer Applies to: California
Replied: 2/6/2015
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