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Visas: Spouse of Legal Permanent Resident (non-citizen)

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  • Visas: Spouse of Legal Permanent Resident (non-citizen)

    Hi. I am currently dating a lady who is currently visiting USA under the temporary, visitor's visa. We are very much in love and we wish to get married. So I was researching for what kind of visas we need to apply, and I discovered the problem. Under the eligibility requirement in V-Visas, she needs to be a beneficiary of the immigration petition filed before 2000. So, after 2000, a green card holder cannot marry someone from foreign country? Is there any way that she could get a Visas to stay in US with me after we get married? Please help! Thanks.
    Immihelp Support
    No legal advice. Use at your own risk.

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  • #2
    You should not use a visitor visa if the person is your fiance to visit USA and get married. That will cause unnecessary complication. They should rather apply for K-1 visa, come to US, get married in 90 days, Apply for Adjustment of status based on marriage.

    If married outside US, K3 visa must be applied.
    Last edited by txh1b; 04-03-2008, 04:47 PM.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Read https://www.immihelp.com/family-based-greencard/persons-in-us.html
      Immihelp Support
      No legal advice. Use at your own risk.

      Visa and Greencard Tracker

      Visitor Medical Insurance for your visiting relatives.

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      • #4
        Originally posted by txh1b
        You should not use a visitor visa if the person is your fiance to visit USA and get married. That will cause unnecessary complication. They should rather apply for K-1 visa, come to US, get married in 90 days, Apply for Adjustment of status based on marriage.

        If married outside US, K3 visa must be applied.
        K-1 visa is "Immigrant visa for a Spouse of a U.S. Citizen", not LPR (GC holder)


        If they got married, he can apply for her as FB-2 (family based, 2 pref: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents), but it will take like 10+ years for her approval It's very sad, I know ...

        Thank you

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