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Green card holder marrying a non-resident alien ?

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by svtech02, Oct 19, 2004.

  1. svtech02

    svtech02 New Member


    I am sure this question has been raised before but I couldnt find a quick thread to the topic hence posting it again. I am a Permanent resident and following are my questions :
    1. If I marry someone who resides outside of USA,
    - what are the steps to get the green card ?
    - On an average how many years does it take ?
    - how many years she has to wait before being allowed to work legaly ?
    2. If I marry someone who is already in US on F1 or H1, Is the process still same ?

    I would appreciate your kind response. Thank you,

  2. dip92

    dip92 Registered Users (C)

    Last edited by a moderator: Oct 20, 2004
  3. LucyMO

    LucyMO Registered Users (C)

    if she/he already in the States, she/he will have to maintain her non-immigrant status all this time: 5-6 years, until they can apply for adjustment of status and work permit.

    if she/he is outside the U.S., they'll have to wait for their immigrant visa for 5-7 years.
  4. slyda007

    slyda007 Registered Users (C)

    Hello... I know this post was of 4 years ago, but I'm wondering if this is still the case now?

    If a green card holder marries a non-resident here in the US, the non-resident will be staying illegally until the GC holder becomes a citizen? Is there possibility that the petition for adjustment of status will be denied?
  5. Triple Citizen

    Triple Citizen Registered Users (C)

    The wait time is still 5-6 years. Some spouses of GC holders have maintained lawful permanent residency until their spouse became a citizen.

  6. slyda007

    slyda007 Registered Users (C)

    Well, in my case now... my fiance will go here on a tourist visa... we'll be getting married in Vegas... and I don't want her going back anymore, risking the fact that she might not be a ble to go here for 5 years if she does leave the US... there might be records, etc...

    so I was wondering, how will she maintain a legal status after I marry her? (I'm a permanent resident)
    she's a nurse btw, so I guess she can use that to apply at hospitals after she passes NZCLEX and when the US visa applications open?

    Anyway, thank you in advance... this site has been very helpful to many people like me... I don't contribute much "yet," but I do read a lot of the posts here, as well as a few friends of mine... thank God for this! :)
  7. PraetorianXI

    PraetorianXI Banned

    She can not come here with a visitor visa with the intention of staying... That is fraud, by misrepresenting her intentions at the POE.

    Also, this is a dangerous path... she can not legally stay in the USA. NOR WORK in the USA. For those 6 years... if you seek on how to "enter the US illegally, obtain illegal employment" and then reap benefits of immigration... then you are in the wrong place.

    If your future wife comes here and does as you plan, one day, she could be deported and banned for 3 or 10 years from returning to the USA... or even for life...
  8. slyda007

    slyda007 Registered Users (C)

    That's why I was asking how she can stay here legally... I don't think I said anywhere here that she intended to stay did I? Just get married...

    Illegal employment? Illegal entrance? I think you're a little off there... I just asked how to stay here legally, and you got all that? But I do understand where you're coming from... since I'm sure tons of people have done that... but what I'm seeking is how to do everything legally... I will not risk her being banned.

    Anyway, I'll be applying for citizenship late next year... so I guess I can go the "K-visa" route then, if there is no other way to do things now.

    Triple Citizen said that some have maintained "lawful" residency... that's what I was trying to ask. How can you go about that?
    Last edited by a moderator: Mar 12, 2008
  9. PraetorianXI

    PraetorianXI Banned

    I apologize my misinterpretation what you said here. I jumped the gun. :cool:

    The only way for her to maintain her legal status in the USA would be getting an H1B or L1 visa? or perhaps an F1 visa...
  10. Triple Citizen

    Triple Citizen Registered Users (C)

    These are two different issues here.
    (1) Entering the US on a tourist visa with the intention of marrying (that is fine) and then applying for AOS (that is not fine).
    (2) Maintaining lawful non-immigrant status. There have been F-1, H-1B and L-1A/B status holders who married a GC holder and maintaned lawful non-immigrant status until their spouses became US citizens.

  11. slyda007

    slyda007 Registered Users (C)

    Oh.. that part?! lol that's my feelings talking... just can't imagine being away from my fiance, and then my wife? what I've been doing anyway is I keep going back for a month... so I guess that cycle will have to continue for a while, if nothing ele...

    well, when Triple Citizen mentioned there's a way, then kinda opened things up... and yes... I won't risk her not being able to come back... I want things done the right way.

  12. slyda007

    slyda007 Registered Users (C)

    Gotcha... she'll probably have to that route... she's a nurse btw... hopefully they let her in... but I've heard of a few people getting denied because they are nurses...

  13. Triple Citizen

    Triple Citizen Registered Users (C)

    Just to make it perfectly clear, right way does not mean coming into the US on a tourist visa and staying back!!!

  14. austriacus

    austriacus Registered Users (C)


    the issue with staying here is one of "intent." Your wife is presumed to have immigrant intent but the presumption can be overcome by maintaining closer ties to another country, in which case she can qualify for a variety of nonimmigrant visas. If she had made up her mind that she wants to seek permanent residency after she is admitted to the US, then she would clearly have immigrant intent.

    So let's say your wife can prove nonimmigrant intent. This proof would be a whole lot more difficult if you apply for an immigrant petiton for her. If you intend to seek citizenship, you probably know that it'll take about the same time if you petition for her as an LPR or later as a citizen before she gets to apply for AOS so it may be in your and her best interest to wait with the decision to petition for her permanent residency until you become a citizen. However, be advised that the fact that she's married to an LPR in and of itself may make it difficult to get a nonimmigrant visa (she'll have to indicate this on her visa application), but this is a fact of life I suppose, and she may be able to overcome it with sufficient proof of closer ties to another country.

    There's absolutely nothing stopping her from applying for a dual intent visa ... H-1B, L-1 which also allow her to work. She'd need at least the equivalent of a bachelor's degree and it's a gamble whether she receives an H-1B, there are many more applicants than available H-1B visas.
  15. aungmoe01

    aungmoe01 Registered Users (C)

    ALL PR who is married and your spouse is outside of the country please come to this web site and support this organization. http://americanfamiliesunited.org/index.php?option=com_frontpage&Itemid=1
    This a volunteer organization lobbying congress to change immigration law so that spouses of LPR can come to US legally in a short period of time instead of waiting for 5 years.
  16. slyda007

    slyda007 Registered Users (C)

    Great tip... thank you... I'll surely look into it... Funny thing is, she doesn't want to even live here in the US... it's just me trying to make her stay here... I told her to give it a try... I'm sure she'll like it here. :) anyway, thanks again everyone!
  17. Triple Citizen

    Triple Citizen Registered Users (C)

    Give what a try? Coming over and overstaying? She will be doing long term damage if she comes over, overstays and then decided to leave without going through the GC process. She may end up banning herself from the US.


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