Question:

Iam in the USA with tourist visa , if I marry a women with green card?

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Iam in the USA with tourist visa , if I marry a women with green card ( she is not a citizen yet but its been 6 years that she is here and she filled the form and its ready to post ) can I stay here and do I get the green card as well ?

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5 ANSWERS


  1. No, she  can not.  Since 911 even citizens sometimes have problems marring people from other countries.  They do not automatically become citizens


  2. If you marry a woman with a green card, you won't be able to stay legally in the US based on that marriage. In order to be here legally, you'd have to qualify for some other status. Your spouse could file an F2a family preference petition for you but those petitions take 5 years before they become valid for use and until that time you'd get no benefit from it. Now, if she became a citizen while you were waiting, your immigrant category would be upgraded to IR-1 and then the petition would be valid for use immediately. You would be able to adjust status even if you were out of status at the time, if all the proper paperwork was filed. However, while in the US illegally you'd be subject to deportation up to that point. Plus the fact that your fiancee can become a citizen this year doesn't mean she will as there are serious backlogs in that program as well at USCIS.

  3. No.  You will have to return to your country and wait for an immigrant visa to be approved.  Green card holders don't have high status for spousal visas.

    ***edit***

    You can not stay on a tourist visa even if you marry a citizen.  You will still have to return to your own country (like everyone else in the same situation) and await for an immigrant status to be approved.  A citizen would have a higher status for a spousal visa, but the wait could still be long.

    What's wrong with doing it the legitimate way?  Have her file for a fiance visa for you while you are in your own country and then enter on  that visa, which allows an adjustment of status.  

    Trying to circumvent the system will cause nothing but expense, delays and possible refusal.

  4. Nope

  5. You are on a tourist visa.  You must return to your own country.  Marriage does not change that.  If you marry a US citizen, you must return to your own country while your spouse applies for your spousal visa.  It will take 2 - 2-1/2 years, if it is approved.  Marrying while you are on a tourist visa triggers an automatic fraud investigation.  

    If you marry a permanent green card holder (legal permanent resident), they cannot get you a priority number, so if your application is approved, it will take about 5 years (maybe more depending on your country of citizenship) before you can enter the US with a spousal visa.  There is a fraud investigation.

    Your tourist visa will not last long enough for this woman to get her citizenship.  If you overstay your visa, you will be barred from re-entry for a period of time depending on long you overstay.  Only after this period for which you are banned has been completed can your spouse apply for a spousal visa.

    As for a green card, a spousal visa is not a green card.  If you are admitted under a spousal visa, after a year, you can submit an application for a conditional green card which would be good for 2 years.  After that, you can apply for removal of the conditions and if approved get a permanent green card.

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