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I'm a U.S. citizen and want to marry my g/f who is on a tourist visa can she stay after we are married?

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We would like for her to stay here and go to school while she waits for her paper work to be finished is this possible

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  1. Yes she can, but trust me it is going to take a very long time to get it passed. There will be meetings and the immigration service has the final say on whether or not you two truly love each other, or if you're just trying to get a person in a country. Good luck.


  2. Getting married while she is on a tourist visa triggers an automatic marriage fraud investigation.  And there is no way she can stay.  She has to return to her own country and stay there while your application for a spousal visa is investigated and processed.  It will take 2 or 2-1/2 years.

    If she wants to go to school, have her go home, apply for college, and if accepted, she can apply for a student visa.  Student visas must be applied for from the country of citizenship!  After she graduates, you can think about marrying.  Don't try to marry on a student visa either, or she will have to go home while you apply for her spousal visa.  That would interrupt her education for at least a couple of years.

  3. she can,but its not that simple,INS will have to interview you both,separately first,ask a series of questions,designed to determine whether or not this marriage is purely for the reason of gaining citizenship or not.And if it is,keep in mind that it is a federal offense to gain citizenship illegally and  time in a federal prison is the punishment,for both of you,then she gets deported.

  4. After the marriage.....

    The US citizen files I-130, I-864 and G-325A for the new spouse.

    The foreign spouse files I-485, I-765 and G-325A.

    File all 6 forms in the same envelope, at the same time.

    In about 90 days or less the foreign spouse will get a work permit.

    In about 6 months the foreign spouse will have an interview with USCIS.

    In about a year the foreign spouse will get the green card in the mail.

    If you need to "go home" you, the foreign spouse, must file Form I-131 with the USCIS. Try to file at least 90 days BEFORE you leave the USA. DO NOT LEAVE WITHOUT FILING THIS FORM OR YOUR CASE WILL BE DROPPED.

    You can find all the immigration forms here.....

    http://www.uscis.gov/portal/site/uscis/m...

  5. You can get married but filing for a change of status it is considered prima facie evidence of visa fraud. She did swear she would return home without filing for a change of status in order to get a tourist visa. The USCIS feels that if you try to change status that you planned to change status BEFORE you came here and you lied on your visa application. Visa fraud = 10 year to life ban from US soil. You used to be able to get away with things like this but...

  6. consult with an immigration attorney and get professionaly help.  it is not that you two get married and then she could stay.  there are many other procedures / paper work.

    getting married with a US citizen is the fastest way for any foreign nationals to get US citizenship.

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