Littleton, CO asked in Immigration Law for Colorado

Q: I am writing a novel and one of my characters is from Peru, recently relocated to the states with her two children

And US boyfriend and father of the children. ( would she need a visa? Something else?) i want another character to somehow get her into trouble with immigration and deflect the trouble onto another character. Is this possible? I want them to get married, also....

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1 Lawyer Answer
Stephen Baird
Stephen Baird
  • Immigration Law Lawyer
  • Fargo, ND

A: Peru is not a visa waiver country, so no matter what kind of status your character came to the US on she would need to apply for a visa. If she wanted to come as simply a tourist, she would need a B-2 visa, and she would be unable to work on that status. Her children would each also need to get the same visa to come with her. She would also be granted entry for six months with that visa, and that period could possibly be extended for a second six months, but then she would have to leave.

If she comes into the US on a B-2 visa, then later marries her boyfriend and files for a green card, she may face difficulties in the green card process.

If she wanted to come to marry her boyfriend, she could get a K-1 fiancee visa. That visa requires that she marry her fiancee within 90 days of entering the US, and can allow her children to get derivative visas to accompany her. Once she's in the US and married to her boyfriend, she can request an adjustment of status to get a green card.

Hope that helps.

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