Last year I was in the US with my Optional practical training visa and i was able to get it because i graduated from a college in this country,
My fiancee and I want to get married, and i was just wondering how long it would take for me to get a green card after I marry him so i can work?
My OPT ended in at the end of December 2008, we wanted to get married soon so i didn't have to go back to my country and leave him here, but for many reasons i had to go back to Mexico and stayed there for almost 2 months. I got back in the US February 14th 2009 and i entered the country with my tourist visa. If we get married, fill out and send all this forms below will things work out? or will they deny me because i entered the country as a tourist?
Is it possible for me to wait for the change of status while being in the US or would i have to go back to my country while everything is in process?
Any info will be greatly appreciated, and I thank you very much before hand!
are these steps correct?
- Get married
- Once married and i have the marriage certificate in hand my husband files the following forms:
* I-130
* G-235A
* I-864
- I file the following forms:
* I-485
* I-765
* I-131
* G-325A
and Send all in one envelope?
Can i get married and apply for residency if i entered the US with a tourist visa?
Do not marry on a B-2 visa (and overstay) as it may jeopardize your chances of being petitioned. Do it the right way. If you marry now, you have to go back to your country and wait for the petition to be approved (K-3). OR Go home and let him do the petition for a fiancee visa. Both have the same time period for processing. Varies from 8-12 months depending on the load of the embassy. At least, if it is a fiancee visa, when you finally get married, you just have to adjust your status. No need of going back to your country.
Can i get married and apply for residency if i entered the US with a tourist visa?
Being on a tourist visa you're not eligible to adjust your status, your application would almost certainly be denied.
Your options are to leave the country and apply for a fiance visa, or to get married and then apply for a spousal visa.
Listen USA is not russia or North KorEA BE CAREFUL
I think you will be perfectly okay. My husband entered on a tourist visa also and that process is exactly what we did. It took us a total of six months until he had his greencard in his hands. Good Luck. And send everything in one packet that will make the process faster. If you need any advice e-mail me.
Do not file I-130/I-485 or marry until after May 15th otherwise you'll have to deal with presumption of dual intent - ie visa fraud. After 90 days the presumption is no longer there. You also need to send photos, medical examination and copies of supporting documents (take originals with you to interview) Please see an AILA immgiration attorney to help you. It does not appear that you know what to do, you'll mess up and then you'll have to pay the lawyer 3 times as much to clean up the mess.
