Flushing, NY asked in Immigration Law for New York

Q: Hello, I have a question I’m a American citizen and I want to marry someone on a tourist visa, how does that work?!

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2 Lawyer Answers

A: There are too many unknown variables for this to be answered in a meaningful fashion online. Your situation requires an in person consultation with an experienced immigration attorney.

A: If your fiancee has been in the US for over 90 days, you can get married, and sponsor them for a green card.

File Petition for Alien Relative

Filing USCIS form I-130 is the first step towards getting an alien resident into the US. This petition establishes the relationship of the alien to a US resident. Additionally, both the alien seeking immigration and the US resident will need to submit details about biographic information. This is done by filling out and submitting form G-325A. Each applicant has the burden of proving the bona fides, i.e. good faith, of the marriage. Therefore, in addition to the submission of the forms, applicants are required to submit evidence of a valid marriage with documents such as birth and marriage certificates, wedding announcements, banking and insurance accounts, joint auto registration, driver’s license and joint credit card statements if available.

Adjustment of Status

For spouses of US citizens, processing will take only as long as the USCIS administrative process. In addition to the I-130 and I-325A, spouses of US Citizens can concurrently file for adjustment of status by submitting the I-485, Medical Report, Affidavit of Support, an employment authorization document (EAD) and the Advance Parole (Travel Document), the associated photographs and Fees. If all the documents are properly submitted then your spouse is sent for a biometric (fingerprint) appointment. Shortly thereafter the US Citizen and spouse are scheduled for an immigration interview with the nearest USCIS Service Center. If all your documents are complete and original and certified copies are available for presentation at the adjustment interview you should be granted your Permanent Residence Status at the interview.

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