US Citizen marrying fiancee with Tourist Visa

[danc361]

Hello,
I am a US Citizen marrying my panamanian fiancee who currently has a tourist visa which will expire in May 2008. We are planning to get married here in the US in January 2008 and immediately file the I-130 and I-485 papers. She needs to return to her home country because she is still in the university and must return at the beginning of february. I was reading your discussions and saw that she actually can not leave the country untill she recieves the I-485 receipt. I doubt that she will receive this before the time she must return. Im looking now at what our options are. And need some help. Could she file papers for her greencard when she returns to Panama? Or are there any options? She is not planning to live here in the US untill the end of 2008 so time is not the necessity, though we would like for her to have a green card before her tourist visa expires, or soon after. thank you so much for your help, i have been researching so many problems on immihelp thoughout our relationship! Thanks!

[PraetorianXI]

One, she can go through consular processing, which is another way of receiving the Green Card.

Two, she probably will not be able to use her visitor visa again, as a family based petition (i-130) will be filled for her.

So, the only way for this to work is, get married now and file for AOS (adjustment of status) i-130 and i-485. Apply for an Advance Parole document (I-131) which will allow her to travel while her petition is pending and return. She can NOT just leave the country once she gets her i-485 receipt, if she does the petition is void because she would be abandoning it.

Or, you can just get married in January and once she leaves, apply I-130 for her, she will receive a Green Card in 7-10 months while she waits and goes through Consular Processing in Panama. But forget about her using her visitor visa to come to the US in February, or anytime after the I-130 is filed for her, or even after being married. She can no use a visitor visa once she has demonstrated immigrant intent.

[danc361]

so if we file or the i-131 when we file all of our other papers, about how much time do you think before she receives the advance parole? a few weeks or a few months?

[PraetorianXI]

Some people have received the approval in as little as 2 weeks. But usually it takes about 60 days.

[danc361]

what do you suggest as the easiest and surest way of getting permanent residence status in this case. I really doubt she can stay to wait for the i-131 to be processed. Is the consular processing a real pain? or is it straight forward but just takes a lot of time?
thanks again!! you are a big help

[PraetorianXI]

Straight forward but takes some time. Go Consular Processing.