what if a girl holding tourist visa gets married to a green card holder living in US?

will the girl allowed to stay in US till the husband gets the visa? is she supposed to stay for 6months and then back to home country?

8 thoughts on “what if a girl holding tourist visa gets married to a green card holder living in US?”

  1. Ok, only Fred knows what he’s talking about here. You can ignore the rest. Marrying a green card holder is not the same as marrying a US citizen. While marrying a US citizen while on a tourist visa allows the foreign spouse to stay in the US (even after the tourist visa has expired). and adjust status to that of a permanent residence, this is not the case with marrying a GC holder. When marrying a GC holder, there is a wait time after filing the I-130 petition before the foreign spouse can apply for an immigrant visa or adjustment of status. The current wait time (based on the Visa Bulletin, but this can change every now and then) is 2 years. This means that if the foreign spouse intends to stay in the US during the 2-year wait time, then he/she has to maintain a valid nonimmigrant status of his/her own in able to successfully adjust status when the time comes. Becoming out of status, overstaying etc will cause problems, as this is only forgiven in spouses of US citizens. If other than a tourist visa, the foreign spouse is unable to get another nonimmigrant visa that will let him/her stay in the US while waiting for the petition, then he/she has to go back to his home country once the 6 months is up and wait out the rest of the petition there.

    Marrying a US citizen – tourist can stay and apply for green card without having to leave (even overstaying will be forgiven)

    Marrying a GC holder – if the tourist wants to stay in the US during the 2-year wait time, then he/she has to stay in valid nonimmigrant status (ex. Apply for F1 visa). If unable to do this, tourist has to go back home and wait there. Overstaying will cause problems once he/she tries to apply for adjustment of status, since spouses of GC holders are not granted the same benefits as spouses of US citizens.

  2. For a start you need to go back to your own country and file. It will also be way more difficult because you will have to prove you didnt commit fraud.

    Which of course you did by applying for a tourist visa when you should have applied for a fiance visa so the credibility of the marraige will be in doubt.

    If you applied for a K1 fiance visa you would be allowed to stay in the US while your status adjusts.

    By getting married on a tourist visa you could have to return home for at least a year possibly two.

  3. If a non-immigrant enters the U.S. on a Tourist visa and gets married to a Permanent Resident (GC "holder"), then the Permanent Resident can sponsor the non-immigrant’s adjustment of status from Tourist visa entrant to Permanent Resident.

    The non-immigrant should NOT leave the U.S. while their case is pending. They will need to be in the U.S. to attend their medical, the Biometrics appointment and the I-485 (Green Card) interview. They can, however, leave the U.S. with Advanced Parole (filed w/the I-485, etc.), as long as their Tourist visa has not expired upon their return.

  4. It ain’t going to make a difference Obama is just going to make everyone a USA citizen. Especially if your criminal or an illegal he needs your vote that’s only chance.

  5. A green card holder cannot assist a foreign national in obtaining status. The girl would either have to qualify on her own merits to live in the US or hope her husband loves her enough to live with her either in her home country or his.

  6. Nothing happens. They go from being single to being married. Marriage to a green card hold does not benefit a visitor for pleasure. Every nonimmigrant alien must also agree to depart the United States at the expiration of his or her authorized period of admission or extension of stay, or upon abandonment of his or her authorized nonimmigrant status.

    The nonimmigrant alien’s failure to comply with those departure requirements may constitute a failure of the alien to maintain the terms of his or her nonimmigrant status. The girl with the visitor status was given an I-94. The I-94 has a validity period. She is allowed to stay in the U.S. during the period of validity of the I-94, and not a day longer.

    The fact that she’s married does not allow her to stay in the U.S. until "the husband gets the visa." He can petition for her with form I-130, and in answer to question #22 on the form, he can indicate which city outside the U.S. will be the one where his wife applies for her immigrant visa.

    There is no need for an I-485 in consular processing.

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