Green Card through marriage with US citizen

[zantho]

If a non US citizen visits the US, meets someone and wants to get married, what is the procedure. Does there have to be a specific time-frame to prove that the marriage was based on real love?

More specifically: Can the marriage take place 1 week after the non-US citizen has come to the US, or does there have to pass some time so it is obvious that it is not a fake marriage.

After a marriage with the US citizen I am aware that there are some applications that need to be filled out for a visa/green card. Can these be filled out while the non-US citizen is in the US? And can the non-citizen remain and overstay his primary visa (with which he entered the country) in the US while he is waiting for green card? Or does the non-US citizen have to leave his married US-citizen partner, and go back to home country while waiting for green card.

If someone could outline the procedure in steps it would be appreciated.

[Triple Citizen]

Marrying within 1 week after entering the US and then applying for AOS will raise many red flags. Give it at least 90 days. Best option would be to apply for a GC from outside the US.

Originally Posted by zantho

More specifically: Can the marriage take place 1 week after the non-US citizen has come to the US, or does there have to pass some time so it is obvious that it is not a fake marriage.

[salneri]

I am a Canadian permanent resident and will be getting married to a US citizen in Novemeber 2009 in India. Our plan is to do a leagal registerd marriage in US by July 2009. Then file for my GC application by july.

It would be very greatfull if some one cal help me with this:

Should we file the GC application from US or from Canada ?

I have a US B1/B2 visa. When we file for our GC in july 2009 , can I enter US on a B1 visa or is it advisable not to. I can countinue to stay in canada till then as I am working here.

How long will it take to get my EAD ( work permit ).

What is the process for Adjustment in status ?

IS the process faster to apply for GC outside US.

I am not concerned about the GC that much, but want to move with my husband and start working once i am married.

Please help me

Thanks

Regards,

Saloni

[elcupacabras]

If your marriage is going to be legal in India (and not just a blessing), then it will also be legal in the US....therefore you will need to file for either a K3 or an immigrant (CR1/IR1 visa) in order to enter the US and stay....therefore if the wedding is legal, then you can begin the process as soon as you receive your wedding certificate in India following your November wedding. These visas take approx 10-12 months to receive following their application. With an immigrant visa there is no need to file for a green card as you will become a permanent resident once you enter the States. With a K3 you apply for a green card once you enter the States (takes approx 8 months to receive)...if you want to work before then, you apply for an Employment Authorization Document when you file your adjustment of status application, and you should receive your authorization to work within 3 months. Therefore its plain to see the obvious advantages of the immigrant visa over the K3.

If the wedding in India is only a blessing (and not legal in any sense of the word), then once you have married in the US in July you apply for either the immigrant visa or K3 once you have your marriage certificate in hand. Of course you can visit your spouse while the visa application is pending, but you cannot move there. You must wait until the visa is approved (once again in approx 10-12 months) before you move and start your new life in the USA.

Here is the guide for how to apply for a K3 visa once you are married.
http://www.visajourney.com/forums/in...m&page=k3guide

Or alternatively, how to apply for an immigrant visa once you are married.
http://www.visajourney.com/forums/in...age=i130guide1

If you go the K3 route, here is the guide about how you would adjust status to a permanent resident once your visa is approved and you have entered the US....this is not needed if you go the immigrant visa route as through this route you automatically become a permanent resident once you enter the US with an immigrant visa.
http://www.visajourney.com/forums/in...m&page=k1k3aos