What's the best thing to do so that my GF can be permanent here in the US?

Question

Here is a detailed information.
I met this girl 1 month ago and I want her to become permanent here in the US. Im just a green card holder living in California for 4 years, will be 5 in March 2008. She's just a tourist and her tourist VISA will expire on January 2008 but somebody said she can extend it without leaving the country. Would I marry her ASAP, extend her tourist, become a US Citizen then file the petition? or Extend her tourist, Become a US citizen, marry her then file petition? Other suggestions are welcome thnx

Answer 1

As a previous answerer stated - this could be classed as immigration fraud and since you have only know her for one month her K-1 visa application and your petition would likely be rejected anyway.

And on this basis I am not inclined to help you on this matter.

Although I will tell you that is she wishes to extend her stay, as a tourist, beyond the time indicated on her Form I-94, then she must contact the Department of Homeland Security’s Bureau of Citizenship and Immigration Services to request an application to extend status. The decision to grant or deny a request for extension of stay is made solely by the Bureau of Citizenship and Immigration Services.

For more information on how to extend her stay as tourist can be found on the website below.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1ade96981298d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=28819c7755cb9010VgnVCM10000045f3d6a1____

As a tourist, I am guessing that she is a B-class visa (B-2) if so then she would need to petition the Form I-539, which can be found below.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

For other non-immigrant visa types refer to the first link and scroll down the section "How Do I Apply?"

Answer 2

do not marry her and sponsor her AT THE SAME TIME....1 month is too short and very suspicious for the us gov if your wife is here on tourist visa.... you can marry her now as a greencard if you like, but sponsor her later (i'd say until you have enough proof that you guys have known and been married to each for a while...and know this is not fraud as someone above said..I'd say 1-2 years)...but the thing is that she'll have to go back to her country or find a means to stay here legally (whether it be a tourist extension, student visa or work visa) and wait until her "priority date" becomes current...priority date is the date you submit the sponsorship application by a greencard holder and the gov approves it... under category 2A (greencard holder sponsoring wife and children) the us gov is processing "priority date" of december 15, 2002.

look under this website and try to familiarize yourself with this website...

http://travel.state.gov/visa/frvi/bulletin/bulletin_3827.html

but since you are to submit your citizenship app soon, i would choose this option to sponsor her, since it will be faster than a greencard sponsoring their spouse. but the only thing is that it will take you about a year or less (since time you submit your the I485 till the us citizen ceremony) to get your citizenship... (maybe by march of 09 or less). pls keep this in mind... you could marry her now...and sponsor her when you get your official us citizen certificate... or marry her when you get your certificate...(this gives you time to get to know her anyway)..but remember again, that doesn't mean that she could stay in this country during the processing time.. you'll have to wait until the gov gives the okay for her to be here...i think this second option is easier and faster...but again, she'll have to find a legal means to stay here, while you are doing all these process to become a citizen and then sponsoring her....i think the best way to be here legally while you are waiting for citizenship and for you two to get married and being sponsorred would be for her to get a student visa, attend a local community college and study there for two years...that'll buy time for her and for you two to get to know each other....good luck!

Answer 3

Technically you're committing immigration fraud if you're marrying only for her to stay in the country. Are you serious about wanting to marry her, or is this just the most convenient solution? I had the same problem with my husband (from another country), and he studied in the U.S. on a student visa until we were sure we wanted to get married.

This is a complicated situation, so I'd recommend going to www.USCIS.gov and also seeking legal counseling if possible. I wouldn't trust the answers here as a legal opinion.

Answer 4

ins.gov will have the answers you're looking for.
Beware of anyone who you've known for 1 month and presses you for a way to get her here legally. You are likely to make a HORRENDOUS mistake if you marry her, immigration issues aside. Don't be a sucker.

Answer 5

WOW... Only one month. I would suggest you wait on anything as permanent as marriage. That is not enough time at all to get to know anyone.. Marrying her just so she could possibly stay in this country would be marriage fraud.

Answer 6

You need an immigration attorney since both of you are not a citizen. It can take years tobecome naturalized, good luck

Answer 7

Ask a lawyer. This is a big issue. Ask different lawyers.