Marriage 4 Years After Getting GreenCard

andryuxa1985

Registered Users (C)
#1
Hello.
I have following situation
I got lottery based GC 4 years ago.
During these years i lived in Israel (I finished my studies), and visited US couple of times every year.
Now I decided to move to Charlotte, NC.
Last 2.5 years I have girlfriend (she also lives in Israel), but she doesn't' have any legal permits to move to US (only tourist visa).
In Israel we are common law spouse.
What is the legal way to bring her with me to US?
If we get married, do we need to do so here or in US?

Thank you
 

SusieQQQ

Well-Known Member
#2
You have to be legally married, doesn’t matter where. Then you apply for her as spouse of LPR. Currently it will take approximately 2 years before she can move to US.
 

1AurCitizen

Registered Users (C)
#3
You can marry anywhere (the US, Israel, or any other place).
But as noted above, you must be legally married to petition your wife for an F2a spousal visa as the spouse of a green card holder. A copy of the marriage certificate/registration will be required to start her GC process.
 

SusieQQQ

Well-Known Member
#5
That means, she cannot legally stay in US in these 2 years (+/-) ?
Not unless she manages to get another type of visa such as a H1 that would allow her to do so. (And obviously she can’t stay illegally as she won’t be allowed to get a green card if she does.)
 

andryuxa1985

Registered Users (C)
#7
Just spoke to a lawyer

After we receive marriage certificate (doesn't matter where we register it, in Israel, US or Antarctica) layer apply for marriage based GC for my girlfriend (wife) and it takes 10-12 month untill she receive it.
During this months ,he says, she can stay in US for up to 6 months (3 month and ask for extension).
Sounds good

The question is do i need him to do so, or can I make it by myself? He says all process is about to send documents to USICS and NVC?
 

Sm1smom

Super Moderator
#8
Just spoke to a lawyer

After we receive marriage certificate (doesn't matter where we register it, in Israel, US or Antarctica) layer apply for marriage based GC for my girlfriend (wife) and it takes 10-12 month untill she receive it.
During this months ,he says, she can stay in US for up to 6 months (3 month and ask for extension).
Sounds good

The question is do i need him to do so, or can I make it by myself? He says all process is about to send documents to USICS and NVC?
The lawyer you spoke with is either:
1. Desperate to get your money and told you what you wanted to hear,
2. Has no idea you’re a LPR and not a USC since the timeline he gave you is that of a USC,
3. Knows you’re a LPR and is still desperate for your money (as in 1 above).

It currently takes no less than 2 years for a LPR to sponsor a spouse as others already told you above. Your spouse cannot remain in the US on a visitor’s visa for the time it takes to get her GC.

Contrary to what that lawyer told you, an extension will not be granted once your wife has an immigrant petition in the system. Also, since your wife is currently not in the US, and you’re not a USC, your wife’s petition will not be processed by USCIS, that option is for someone currently in the US filing adjustment of status. Your wife shouldn’t enter the US with the mind of processing AOS as that will be a fraudulent misuse of a NIV.

But feel free to ignore what we’re telling you here and go with what your lawyer says.
 

1AurCitizen

Registered Users (C)
#9
Just spoke to a lawyer

After we receive marriage certificate (doesn't matter where we register it, in Israel, US or Antarctica) layer apply for marriage based GC for my girlfriend (wife) and it takes 10-12 month untill she receive it.
During this months ,he says, she can stay in US for up to 6 months (3 month and ask for extension).
Sounds good

The question is do i need him to do so, or can I make it by myself? He says all process is about to send documents to USICS and NVC?
Either listen to the lawyer who is providing shady, if not fraudulent advice (and just wants your money), or if you're on this forum seeking advice, listen to some very experienced members such as @Sm1smom

Did you tell the lawyer you have a green card; his advice is more applicable to a US citizen. She cannot enter the US on a tourist visa with intent to stay longer than authorized or extend her stay. Are you Israeli citizens or living in Israel on different passports?
 

SusieQQQ

Well-Known Member
#10
One more thing you need to be aware of,is that the spouse of a US citizen gets any overstay forgiven, but this is not the case for a spouse of a LPR. The path he has given you is liable to lead to overstay and get your future wife a ban from the US as a result.

By the way his time makes no sense, because (1) a visa waiver program entry is 3 months but it cannot be extended (2) a tourist visa is up to 6 months, but there is firstly little chance she’ll be allowed in to live with you for 6 months at a time as that is not the purpose of a tourist visa (she cannot misrepresent her purpose of entry at the border if she wants a green card in due course), secondly it currently takes about 9-12 months for the US to process extension requests (takes you back to the point about overstaying the visa...even by one day will be a problem)

I agree with the others that the lawyer is either clueless, reckless, or thinks you are asking as a USC. As for timing - you’ve done DV so you’re familiar with the visa bulletin - you can check to see what the current priority date for F2A category (what your wife will be) is: 22 July 2016.
 
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