my girlfriend is planning to apply for a tourist
visa to visits her family living in the US and for us to get married since same sex marriage is legal in some part of the US. I'm a green card holder and i work as a nurse in the hosp and my other job is being a medical coder. her US trip will be shouldered by her father. can we get married in Los Angeles? will she be eligible for a tourist visa?
Your girlfriend can TRY to enter the United States for the purposes of getting married, but she may be turned away if the officer believes she has "immigrant intent." She should make it very clear with documentation that she is returning home: a return plane ticket, letter from her employer with her expected return date, appointments in home country for date after her return ticket, proof of pets or children back home, proof of a lease/mortgage/home ownership, etc.
As a permanent resident, you will be able to file an I-130 for her. That will take anywhere from 5 months - 9months + to be approved. She will be placed in the F2A category. After the I-130 is approved she will have to wait for her priority date to become current. Depending on her country of birth, the wait could be about 1 year before her priority date is current to 3ish years. If you were a US citizen, the wait wouldn't be as long.
You should consult an immigration attorney to get all of your options outlined.
This is not legal advice. This response does not establish an attorney-client relationship.
people can come to get married. What they can;'t do after that is stay to adjust status. So she'd have to go home and you'd file for your spouse to get a visa. Which would take about 18 months unless you naturalize.
If she applies for the green card here right after you get married then she could be accused of lying when she asked for a tourist visa because her intent was actually to immigrate. Since you are an LPR and not a citizen, she will not be able to ask for a green card immediately anyway, so:
She can come here to get married - but if she tells the people at the airport that she came to get married they might not let her in.
She has to leave on time after the marriage ceremony and you need to file the form I-130 on her behalf.
If you become a citizen at any time during this process then my answer would change.
She can come on a tourist visa but you cannot get married right away. She should stay here for at least 61 day to avoid fraud charges. However, she cannot adjust status immediately . DHS may ask her to leave the country until her visa become current.
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