marriage & I-140!!

mutex

New Member
I am on the second stage of my green card process
waiting for approval of my I-140 (expected to be approved this march). I plan to marry my girlfriend who is an non-citizen this August. She is however here on visit for 4-5 months(she has a 6-year visitors visa expiring this september) and I am thinking of doing a civil
wedding here and a proper ceremony back in my country.

does it make sense that:
1) we do the civil marriage here, add her name during
adjustmentment of status(if so, what visa does she
come back in august or do we have to wait for travel
parole to leave the US?) can she stay in the US past september if her name was added to the adjustment of status by then?

2) or does it make more sense that I delay my \'adjustment of status\' and bring her back on a h4 visa in august?

does anyone know what is the most sensible or safe approach!! thanks!!
 
I would recommend option 2

Marrying you here while on a visitors visa could raise intent and immigration fraud issues that could cause you difficulties in the future. If you will marry overseas soon, your best be is to marry overseas and bring her on an H-4. You can then file her I-485 as a derivitive beneficiary of you.

Jim

James D. Mills
(Formerly Jim M)
Attorney at Law
732-262-0575
 
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