Married on a toursit visa

Asked almost 5 years ago - Denver, CO

My girlfriend came to visit me in the US from Peru. We decided to get married while she was here. What steps do we need to take to get her status changed. How long will it take before she will be able to leave the country and reenter? Will advance parole allow that to happen quickly?

Additional information

Will we be able to travel within the US by plane? Will there be problems when they check her passport at airport security?

Attorney answers (2)

  1. Shah Iqbal Nawaaz Peerally

    Contributor Level 19

    Answered . If you formed the intent to get married after she entered, you can file for adjustment of status. Usually within 90 days you will get a work permit and in California around 6 months to get the interview. Make sure that all your papers and proof of relationship is filed in your case. It is recommended to use an attorney for such cases. As for advance parole most are taking around 180 days to get adjudicated. I do not recommend using the advance parole unless emergency. See our article on marriage attached.

    Good Luck
    Shah Peerally
    Note: The above is provided for informational use only. One should not act or refrain to act based solely on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the
    client.

  2. Nikiki Tavia Bogle

    Contributor Level 12

    Answered . Congratulations on your recent marriage! You should consult with an immigration lawyer before filing your Marriage Green Card Petition before the U.S. Immigration Service.

    Since your wife came in on a tourist visa, there may be an issue with nonimmigrant intent and subsequent marriage on the visit. I generally recommend that she remains in the U.S. until she receives her green card. From the date of filing the petition, it depends on the state service center that you file in. Some centers take 6 weeks and others take 18 months. Generally, it takes 6-12 months from the date of filing to get the green card.

    If she applies for advance parole, she is entitled to receive travel approval within 90 days of filing. However, as I stated above, our law firm would recommend that she remain in the U.S. until her case is adjudicated, especially due to the circumstances surrounding the marriage with entry on a tourist visa.

    Good luck with your petition.

    Nikiki T. Bogle, Esq.
    BOS Legal, LLC
    Email: ntb@boslegal.com

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