Marriage without Fiance Visa???

Question

I have a 5 year-old daughter with a U.S. citizen. She is in the process of getting an American passport. Her father and I have not been a couple in over 4 years. Since January 08 we are a couple again and would like to get married soon. I used to be a Legal Permanent Resident through my step-father, he is in the Army. However, my Alien Card expired 6 years ago, and I was told I could not renew it because he is my step-father and did not adopt me.

What were to happen if I went with my daugter to the States as a visitor and got married to her father? Would I be able to stay there with them? What would the next steps be?

Answer 1

The child's father can file at any time for a fiance visa for you.  

Answer 2

Getting married to your daughter's father without a fiance visa would be two things. It would be possible, and it would be dumb. It's always a bad move to fail to apply for a benefit to which you are apparently entitled.

The fiance petition is designed specifically for aliens outside the U.S. to come to the U.S. to marry a U.S. citizen. To attempt some other solution is more expensive, more time consuming, and more frustrating.

People do it all the time, but they're not very bright. It's like the difference between walking and taking a taxi 5 miles. I can reach my destination by walking, but I'll be tired when I get there, and it'll take a lot longer.

I can take a taxi the same five miles and be much better off once I arrive.

Answer 3

Hi,

It doesn't matter that your card expired. Your permanent resident status did not expire UNLESS you had a conditional resident card (valid for 2 years) OR you were outside of the USA for a long time (over 1 year without a USCIS permission called 'reentry permit' - you should use I-131 to obtain this document). But even if you have been outside of the USA for a period of 365 days or longer without a reentry permit and you can still apply for a special document in the US Embassy. This document "for coming back residents" will let you cross the US border. Call your US Embassy and find out if you are eligible.

Telling you that you cannot renew you permanent resident card because your step-father did not adopt you is not correct. There is no law whatsoever stating that you need to be adopted to have your card renewed.

You have to find out what you current immigration status is and then make up your mind what to do next.

Fiance visa takes a log time to get. It is not correct that if you apply for a fiance visa you will be here faster. It takes up to 12 months to get this visa (my sister got her visa after 11 months), then you have to spend extra money ($1,010) for  your adjustment of status in the USA, I don't even mention that it takes a few months to have an interview scheduled etc. My sister (an Italian citizen) got her permanent resident card last week, they started the whole process (fiance visa) in February 2007.

When you come as a tourist you can get married, and you can apply for adjustment of status without leaving the States by submitting all documents to the Chicago USCIS (I-130 & I-485 & g-325a - husband & g-325a -wife & I-765  &I-131 (optional) & medical exam). A lot of people do it. If this is a bona fide marriage then everything will be fine. Good luck. :))