Transfer status from Visit to Spouse/Immigrant

[wakmak]

Hi,

I am a US citizen; my fiancee is in the US on her visit visa (holding
Pakistani passport).
If we get married in the US, can her visa be transferred from visit to
immigrant/spouse?
What is the process, how long does it typically take, what services can I use?

thanks in advance!

[knowledgeable]

you ...

... can file for her gc

[wakmak]

thanks.

[wakmak]

so there are no potential issues in applying for her GC if we get married while she is on her visit visa in the US....and she doesn't have to go back to wait for her K3?

[knowledgeable]

yes and no ...

... you cannot technically do it this way as it means misrepresentation of the facts and your intentions.

but once you're married and since you're an usc, you should be ok.

good luck.

[PraetorianXI]

It is all about intent.

If she intends to enter the USA with a non-immigrant visa with the preconceived notion of filing for AOS. Then it is fraud, regardless of marrying an USC you may be accused and deported.

If she enters without that intention and spontaneously it happens... then she should be OK.

But if this person is your fiancee already, then we know that this is another of those "let's trick the system" cases and she may be accused of fraud and misrepresentation...

[Amir]

90 day wait is the measure of intent. The more you hasten, the more doubts you'll raise. At least, she is in, and has many legal options, none of which would have been available while dealing with the US consulate abroad.

A Chinese mother of 3 took a flight to LA without a visa (she would never have been able to get one so she didn't even bother), tore up and flushed down her passport in airliner's toilet before landing, attempted to simply walk past the passport control, got arrested and placed in detention center, where 2 months later she got her greencard, probably as a refugee, thru an immigration attorney. She was operating a Chinese restaurant in the midwest, saving $100,000 a year, all of which was going back to China (smart woman).

Oh.. and don't forget to thank the Lord for not having to deal with a US consulate.

[nichole]

It is all about intent.

If she intends to enter the USA with a non-immigrant visa with the preconceived notion of filing for AOS. Then it is fraud, regardless of marrying an USC you may be accused and deported.

If she enters without that intention and spontaneously it happens... then she should be OK.

But if this person is your fiancee already, then we know that this is another of those "let's trick the system" cases and she may be accused of fraud and misrepresentation...

This person is giving you the straightest answer. If you try to trick the system, you can trip up yourself and have difficulties later. It's a slippery slope.