Whitefish, MT asked in Immigration Law for Montana

Q: immigration law

Brazilian citizen, been to usa 6 times over last 4 yrs., has a current student visa...and a current tourist visa..... she will be here in Jan. 2015.... during this time we will get married..... she and I will get married in Feb. or such....she will apply for a 'green card'.... in oct. 2015 she will return for her daughters wedding.. will the green card 6 month time frame still be good?

Related Topics:
1 Lawyer Answer
Stephen Baird
Stephen Baird
  • Immigration Law Lawyer
  • Fargo, ND

A: From the situation you describe, you potentially have a few issues. If she enters the US on a non-immigrant visa with the intent to marry you and file for a green card, she has lied to the agents at the border by claiming to be coming to the US without the intent to immigrate.

It is also impossible to predict USCIS processing times, or specific processing times for a given case, but at the moment their estimate is 5-6 months of processing time for adjustment of status.

Because of the issues with your situation, it's in your best interest to consult with an experienced immigration lawyer in your area so they can get a good picture of your situation and advise you of your options and the problems you may face.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.