I am holding a green card. I want to marry a girl who is currently on a tourist visa(b1/b2). She cam here 15 days back and we were introduced to each other by a common friend.Now I see that f2a visa category is current in the August Visa bulletin. So if I marry her in USA,will I be able to file for her green card(I think I130 and I485 have to be filed concurrently,but I am not sure) Also,Once the applicatiojn is filed,will she be able to live in US with me or she has to go back to her home country?
If the marriage is genuine, which is hard to see how given the fact you only know the person for 15 days, you could do that.
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A quick marriage can complicate a consular processing matter. A decision to stay does not necessarily help. The visa bulletin is often 'not current,' which means that if matters change in September, and you do not get the forms in on time, then she may become unlawfully present and disqualified from adjustment to greencard status. She may become subject to charges that she intended to commit fraud when she used a non-immigrant tourist visa to do more than visit.
You both need some counseling from a competent and experienced immigration attorney before you take any further action including marriage. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.
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It is not impossible, but this plane will face a number of obstacles. As my colleague noted, USCIS will be very suspicious of a marriage between two people who have known each other only two weeks. You will have a hard time proving the marriage is bona fide. Also, you wise may be accused of having "preconceived intent" to marry and immigrate. Thus, she could be accused of misrepresentation either in applying for her tourist visa or in her statements to the border officers at entry. If you do get the I-130 approved, whether she must go home to consular process or stay and "adjust status" depends on whether her visa preference category is still "current" and whether she is still in status.
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I agree with my colleagues. It is possible but there are many potential problems.
Samuel Ouya Maina, Esq. 415.391.6612 email@example.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
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The best thing to is to wait 60 days from her last entry to the USA. If the marriage green card application was filed more than 60 days after entry to the USA, the automatic presumption is that the applicant acted in good faith. Therefore the approved chance will be higher if you wait 60 days.
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I agree with Attorney Segal and Attorney Neal. Don't rush into those nuptials just yet. USCIS isn't stupid. Marrying someone after 15 days, short of it being an arranged marriage, will raise eyebrows bigtime. Moreover, while you can marry someone who just entered the country on a non-immigrant visa, you should only do so having spoken with an experienced immigration lawyer.
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