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Attorney answers (5)
Reputation Level 14
Answered over 2 years ago.
Immigration Attorney in Cleveland, OH.
Yes. She entered legally and if the marriage is good, she does not have to go to Vietnam. We file Forms I-130, I-485 and all other supporting documents and she can get her green card usually in about 4 months.
JP Sarmiento Sarmiento Immigration Law Firm Crown Centre 5005 Rockside Road, Ste. 600 Cleveland Ohio 44131 (toll-free) 1.800.496.8043 (local) 1.216.573.3712 (cel) 1.646.286.5309 email: sarmientoimmigration@gmail.com blog: www.sarmientoimmigration.typepad.com 3 people marked this answer as good
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Reputation Level 16
Answered over 2 years ago.
Immigration Attorney in Atlanta, GA.
In general, a person who entered the U.S. lawfully and with inspection (such as entering on an F-1 Student Visa), may marry a U.S. Citizen and then apply to adjust status to become a Lawful Permanent Resident (get a "Green Card") with all of the processing completed in the U.S.
[Note: Consistent with Avvo policy, this communication is intended as general information and not as specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, PC 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 1-877-232-5352 dsoloway@fspklaw.com 1 person marked this answer as good
Reputation Level 9
Answered over 2 years ago.
Immigration Attorney in Chicago, IL.
If a student is in the United States in F-1 status and marries a United States citizen, she may be able to apply to adjust her status to that of a permanent resident without leaving the United States if she meets certain requirements.
I would recommend that this student meet with an immigration attorney familiar with both international student issues and family-based immigration to review her immigration history and future immigration options. Please feel free to contact my office to schedule a consultation. The above information is provided for informational purposes only. It is not intended to be legal advice or to form an attorney/client relationship. Respectfully, Elizabeth Rompf Bruen Attorney at Law Scott D. Pollock & Associates, P.C. 105 W. Madison Street, Suite 2200 Chicago, IL 60602 Phone: 312-444-1940 Fax: 312-444-1950 ebruen@lawfirm1.com Please be sure to visit our recently renovated website at www.lawfirm1.com. 1 person marked this answer as good
You should definitely not have your fiance return to Viet Nam for the process. As she is legally in the US, you are eligible to adjust her status to immigrant and get her legal permanent residence while she stays in the US. This will also, if you apply for an EAD, get her a work permit while she awaits the processing of her green card. There is no reason to put her through the rigors of an interview at the consulate when she is eligible to stay here and adjust status.
Sarah M. Cross The Law Office of Sarah M. Cross 6984 Challis Rd Brighton, MI 48116 800-681-2311 or 810-225-0953 www.lovevisas.com email sarahmaycross@aol.com 1 person marked this answer as good
Reputation Level 17
Answered over 2 years ago.
Immigration Attorney in Cleveland, OH.
If the marriage is not for an immigration purpose, then you can confer permanent resident status on her. You'll need to file the visa petition and she'll need to file her adjustment of status application. Prior to doing so, you should consider hiring an attorney to prepare the applications and supporting documents, prepare you both for the interview and attend the interview with you.
1 person marked this answer as good
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