My brother who have a tourist visa wishes to marry his American citizen fiancee.?
If they get married before the expiration of his 2month visa can he stay there what are the effects? can he properly stay there after the expiration of his visa? How can he legalize his stay there?
Answers:
Yes, if he marry her he can stay - there is more paperwork involved (of course)
YES, The process is something like this
Get married, he need his passport, and may be birth certificate and divorce certificate is one of then were previously married, this change by state, later he can look for it in the court of his county.
Let pass 3 months and file the application for switch of status I 485 with all the others all together, I 846, I 765, I 131(she hold to fill this one) and a G 325. (1365 dollars in fees). When is for marriage doesn't event if he was without visa in the midlle. the lone requirments are he enter USA legally and he is married (not a fraud)
You can look for the details at www.uscis.gov
3 months after that and after a biometric appointment( fingerprints and photo) he will get his EAD and he can start working.
9 months to a years they will have an interview for establish if the marriage is not a fraude. In that time he have to put together some evidence like pic, sandbank acounts together, rent agremment, car in both names, reicipst of gifts, insurance, vigour insurance and anything where they have both names or can be agreeable to show they are living together.
120 days he will have a Green Card for 3 years , then one for 10 years or become citizen, if he is still married with duplicate sponsor.
Note if in the meantime they move they have to inform uscis about the amendment of address, and if the EAD is going to expire before he get his GC he have to apply to renew it I 765(no fee) 90 days past. Source(s): I did it
freebird is wrong, I talked with a lawyer, and the process is as i describe.
If he marry he will have to prove that it was not his intention to marry when he arrived in America. It is hugely difficult to prove a negative. USCIS will start with the assumption that he planned to do this. Getting married more less than 60 days after arrival smaller number than 60 days before the end of a visa makes them even more suspicious. He and his fiancee should confer to an immigration lawyer before they do anything. If they do marry he will have to apply for Adjustment of Status and will not be allowed to work until his shield is decided. Can his fiancee afford to support him for up to six months? If he marries her and is denied then he will hold to go home and will not get another visa to visit the USA as he will be counted as have overstayed his visa. She would then have to apply to bring him back on a spousal visa and that can pocket a year. Source(s): Married to an American
if they marry maybe but if the immigration dept thinks its a nouns she goes to jail and hes deported never to be allowed back again
Many empire get their green card this way, and many relatives don't. A lot of it comes down to your personal situation. Technically you should not enter on a visitor visa, which is by its very design, supposed to be temporary - and after get married.... when you enter on a visitor visa you effectively say I am coming to VISIT - goal you intend to go home again. If you come to the USA as a visitor and get married it does look suspicious to immigration, and you are supposed to prove that you didn't parsimonious to get married over here but you were here and couldn't bear to be part etc etc etc. Now if you have been planning you wedding for months and booked the venue let say in April 08 and set a date for Dec 08 and you come into the USA in Nov 08 on a guest visa, then obviously you were planning this adjectives along, and therefore committed visa fraud. I have known populace use the visitor visa like this and get away beside it, and there again some other people I know have not and enjoy faced being banned from the USA and hefty fines. It really depends on how much you want to stake. The safest thing is to return to your home country and apply for a fiance visa, which can take several months... but it is the proper way to walk, otherwise you can take your chances and hope that immigration will turn a blind eye to how you entered the USA. If you seize married then you will have to file the paperwork to adjust status up to that time your visitors visa runs out... got to www.uscis.gov and you can read about getting your greencard through marital and all the forms and fees involved.
Your brother huh..... well the answer for you is. Yes, yes, yes, and yes.
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Answers:
Yes, if he marry her he can stay - there is more paperwork involved (of course)
YES, The process is something like this
Get married, he need his passport, and may be birth certificate and divorce certificate is one of then were previously married, this change by state, later he can look for it in the court of his county.
Let pass 3 months and file the application for switch of status I 485 with all the others all together, I 846, I 765, I 131(she hold to fill this one) and a G 325. (1365 dollars in fees). When is for marriage doesn't event if he was without visa in the midlle. the lone requirments are he enter USA legally and he is married (not a fraud)
You can look for the details at www.uscis.gov
3 months after that and after a biometric appointment( fingerprints and photo) he will get his EAD and he can start working.
9 months to a years they will have an interview for establish if the marriage is not a fraude. In that time he have to put together some evidence like pic, sandbank acounts together, rent agremment, car in both names, reicipst of gifts, insurance, vigour insurance and anything where they have both names or can be agreeable to show they are living together.
120 days he will have a Green Card for 3 years , then one for 10 years or become citizen, if he is still married with duplicate sponsor.
Note if in the meantime they move they have to inform uscis about the amendment of address, and if the EAD is going to expire before he get his GC he have to apply to renew it I 765(no fee) 90 days past. Source(s): I did it
freebird is wrong, I talked with a lawyer, and the process is as i describe.
If he marry he will have to prove that it was not his intention to marry when he arrived in America. It is hugely difficult to prove a negative. USCIS will start with the assumption that he planned to do this. Getting married more less than 60 days after arrival smaller number than 60 days before the end of a visa makes them even more suspicious. He and his fiancee should confer to an immigration lawyer before they do anything. If they do marry he will have to apply for Adjustment of Status and will not be allowed to work until his shield is decided. Can his fiancee afford to support him for up to six months? If he marries her and is denied then he will hold to go home and will not get another visa to visit the USA as he will be counted as have overstayed his visa. She would then have to apply to bring him back on a spousal visa and that can pocket a year. Source(s): Married to an American
if they marry maybe but if the immigration dept thinks its a nouns she goes to jail and hes deported never to be allowed back again
Many empire get their green card this way, and many relatives don't. A lot of it comes down to your personal situation. Technically you should not enter on a visitor visa, which is by its very design, supposed to be temporary - and after get married.... when you enter on a visitor visa you effectively say I am coming to VISIT - goal you intend to go home again. If you come to the USA as a visitor and get married it does look suspicious to immigration, and you are supposed to prove that you didn't parsimonious to get married over here but you were here and couldn't bear to be part etc etc etc. Now if you have been planning you wedding for months and booked the venue let say in April 08 and set a date for Dec 08 and you come into the USA in Nov 08 on a guest visa, then obviously you were planning this adjectives along, and therefore committed visa fraud. I have known populace use the visitor visa like this and get away beside it, and there again some other people I know have not and enjoy faced being banned from the USA and hefty fines. It really depends on how much you want to stake. The safest thing is to return to your home country and apply for a fiance visa, which can take several months... but it is the proper way to walk, otherwise you can take your chances and hope that immigration will turn a blind eye to how you entered the USA. If you seize married then you will have to file the paperwork to adjust status up to that time your visitors visa runs out... got to www.uscis.gov and you can read about getting your greencard through marital and all the forms and fees involved.
Your brother huh..... well the answer for you is. Yes, yes, yes, and yes.
Resolved Questions:
New barricade proposal: along US/Mexico border?
OK, I am writing a letter to one of the officeholders in our state. He voted YES on a fence nickname 'The Great Wall of Mexico' Its an awful idea, and I have it worded in a confusing bearing If you could help, that would be awesome! thanks!! I cogitate having a wall is just dumb...
Can one place a bounty on someone who have done something bent?
If someone has done something that is illegal and is provable can one put a bounty on this personage to encourage someone to arrest them and turn them into the proper authorities? Im thinking of situations where something illegal be done which bothers local citizens but where the crime is not prioritized...