BEFORE you do anything, present your objectives in person to a good practicing immigration attorney of your choice as there are several nuances which you should be aware of.
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1. Yes. 2. Yes, you have to consular process if you leave.
3. Makes no difference.
4. Depends on visa availability.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You are asking very detailed questions here, which you should get answers to. But these answers should be from an experienced attorney through a personal consultation. As both of my colleagues have suggested there are several nuances here. You are outside of the country right now, maybe a Skype consultation with your girlfriend in the office is what you guys really need right now.
Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.
This is NOT a good plan. You will be committing fraud, or at least a material misrepresentation, upon a US Government Agent when you go through CBP inspection at the airport.
Talk to a lawyer, many of us use Skype .... make a better, safer and more legal plan ... using Consular Processing.
PS It is anticipated that the FB-2A category will 'close' in October. Thus, your fiancee should file for US citizenship as-soon-as-possible.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- firstname.lastname@example.org -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
You are free to marry who ever you would like. However, an LPR can not sponsor you to obtain an immigrant visa. She must first become a USC.
There are a number of factors you would need to consider, and these factors based on the specifics of your case can only be provided to you by an experience immigration attorney. I agree with my colleagues - you should have a private consultation with an attorney to review your circumstances, give you the options and risks specifically tailored to your case, and be able to make a well-informed decision.
Angelique Montes, Esq., Immigration Attorney in Houston, Texas. 832-378-7781. This is not legal advice and a client-attorney relationship is not created. The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case. For a consultation call (832) 378-7781.
There are many questions that need to be addressed in this one posting. You should consult an immigration attorney immediately, since what you are explaining in this question can be construed as preconceived intent, misrepresentation, etc. Marrying an LPR will not allow you to adjust status in the US, you will have to return to your home country to consular process.
You can find an immigration attorney by visiting www.aila.org.
The information contained on this page is for educational and informative purpose only. This response does not constitute legal advice. The readers of this information should not act based solely based on information contained herein. Answers can only be general, as specific responses can only be provided with full knowledge of case facts.
If you enter with the intent to marry someone who lives here, there is a presumption that you are not entering for a short visit. That is fraud. If you do come in for another reason and later get married and leave, that should be fine. Go overseas, file for your green card after you leave. CIS is taking over 8 months to process 130s at this time. Having a current pd does not benefit you if you are not in the US since you do not qualify to file adjustment while you are out of the country.
Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.