Green Card question

A

airmack

New Member
My fiance is half Italian and half Peruvian, living in Peru. She can use her Italian passport to enter the US and the same for her 3 yr old daughter. We are planning on gettting married in the states in Dec. Our problem is that the father of her 3 yr old does not want to give permission for her to leave. She has 100% custody of the child. Does she have to have his signature? Also, how long does the provisional green card last before she can apply for permanent? Does her daughter have to be in the country to get permanent green card? or is it even possible for her to get her card and be out of the country? Thanks for the info...
 
She can not enter the USA with the intention of staying here permanently using her italian passport (specifically the Visa Waiver Program). That is fraud and abuse of the terms of the VWP which requires non-immigrant intent.

You just apply for a K-1 visa for her and a K-2 visa for her 3 year old kid... as far as does she need a signature for travel permission... who knows, I doubt you will find your answer here as not many are versed in Peruvian Laws...
 
she is not planning on staying in the states...she is going to return to her country and work on getting her paperwork as well as her childs completed. My quetion, is that legal and can she still travel to the US during that period?
 
There is never an issue on getting married in the US while on vistor status. The issue can arise only if the visitor applied for AOS. If she intends to return, no problem.

airmack said:
she is not planning on staying in the states...she is going to return to her country and work on getting her paperwork as well as her childs completed.
Click to expand...

Yes it is legal to travel to the US during that period. She should just be mentally prepared for being refused entry.

airmack said:
My quetion, is that legal and can she still travel to the US during that period?
Click to expand...
 
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