Getting my fiance permanent residence

S

Shadow Wyvern

New Member
My fiance is in the United States with me on a nonimmigrant visa which expires in August 2009. She has a Russia passport which expired on December 2008. My first question is would I need to renew her passport before I attempt to obtain permanent residence for her?

I need to know what I need to do to get her permanent residence here in the United States with me.
 
What visa does your fiance have? (student, employment, tourist?)
In order for her to gain permanent residence based upon yourself, then the 2 of you must be married (though if she entered the US with the intent of getting married to you and staying in the US, this is not allowed and is classed as fraud).
 
She has a visitor's/tourist visa, I believe. I visited her in Cyprus and she came back with me to the U.S. for a visit. I proposed to her and we plan on getting married. We both want to live together here in the U.S.
 
K- well as stated previously, marriage seems the most logical way forward.
The first thing though is that it must be established that when your fiance entered the US, she did not intend to marry and stay in the US. To enter the US on a tourist visa with the intent of adjusting status is classed as visa fraud. However, after her entry, should you both decide to marry, then it is ok to stay and adjust status (though you may need to provide evidence that she did not intend to stay...evidence can include the likes of a letter from an employer stating when she was due back at work, mortgage payments, lease agreements etc).

Heres the step by step guide of gaining permanent residence through marriage in the US on a non spousal/fiance visa.
http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

If of course you feel uncomfortable having her adjust status from her tourist visa (with no intent to stay upon entry then you should be ok, but of course there is always a risk she could be denied), then you can go ahead and get married and then apply for a spousal visa. This takes approx 10-12 months to be approved and she can wait in the US with you for the length of her tourist visa, then return home, wait the remaining months for her visa interview at the American consulate in Cyprus and then return to the US on a spousal visa. Heres the guide for this visa also:
http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1
 
Well, as far a proof goes... She's actually a Russian citizen, but she lives and goes to school in Cyprus. She has a visa and such to attend school in that country. Her reason for entering the U.S. was for a visit for about three months. She had a round trip ticket to return back to Cyprus sometime in December, but I had proposed to her during her stay and now she wants to stay here in the U.S. and get married.

Do you think this is sufficient proof?

Edit: I forgot to mention she has an alien registration card from Cyprus. A condition of her residence in Cyprus is that she can not leave the country for a period longer than three months if she wishes for it to stay valid. In other words, she's required to come back to Cyprus.
 
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That sounds good to me. Though of course Im not the interviewing officer, so what sounds good to me might not be good enough for him/her.........having been reading this forum and other ones over the last couple of years though, I think you should be fine.....though obviously not me or anyone on this forum would guarantee a successful outcome, as the only person who can say for sure would be said interviewing officer, but in my personal opinion I think it should work out for you.
 
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