Skip to main content

I s going to be any problem with the spousal Petition?

Perth Amboy, NJ |

my girl friend has a 30 days visa and i am going to marry her, here in the United before She leave

Attorney Answers 5


  1. Are you a US Citizen? If you are a US Citizen or Permanent Resident, after you marry you could file an I-130 Petition. Whether or not there will be any problem is something that we cannot answer here. You should consult with an immigration attorney.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  2. If you and your fiance get married within a short period after her entry into the US, then USCIS will argue that she had the intent to marry and stay in the US when she entered with her visa.

    If she entered with a visitor visa, they will argue that her stated intention at the time is in contradiction with her intention now.

    You should consult with an experienced immigration attorney immediately before taking any further steps.

    The information you obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Asma Chaudry invites you to contact her directly at her office in Edison, New Jersey, and welcomes your calls, letters and electronic mail. Contacting Asma Chaudry does not create an attorney-client relationship. Please do not send any confidential information to her until such time as an attorney-client relationship has been established. asma@asmachaudry.com (732) 662-4125.


  3. No problem if she leaves and process her visa in the consulate after your petition is approved. That, of course, provided you are a USC or LPR.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. I agree with my colleagues. Marrying her so soon after she entered with a tourist visa may cause difficulty. It would be better if she left and you petitioned her after she returned with a fiancé or marriage visa.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  5. Maybe. More information is needed. Consult with a lawyer.

Immigration topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics