Scottsdale, AZ asked in Immigration Law and Family Law for Arizona

Q: How can i marry my current girlfriend who is on a e-3 visa so she can stay or i can go to her with her to her countr

my girlfriend who is on a e-3 visa, is currently in the process of leaving of leaving the country in 60days, i dont want her to leave, so i want to marry her, can she stay or can i marry her so i can leave with her to her country in australia

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2 Lawyer Answers

Kevin L Dixler

  • Immigration Law Lawyer
  • Chicago, IL

A: Yes, it is possible for her to stay, but she must agree to marry you, you must petition her, then she must request processing for "conditional" permanent resident status in the U.S. The cost is significant and the law gets extremely complicated. Her marriage based case can be delayed, denied and perhaps she can be deported in the process if the paperwork is mishandled and documentary evidence omitted. If she departs, it may take over a year for her to lawfully return!

As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any more complications. Immigration law is a Federal practice, which means that U. S. licensed attorneys that are not in your state can provide legal advice and assistance with the process.

The above is general information, not legal advice, and does not create an attorney client relationship.

Allen C. Ladd agrees with this answer

Allen C. Ladd

  • Immigration Law Lawyer
  • Greenville, SC

A: Those are your two options. If you marry here, she can stay and you both will file applications with US immigration. She will have to remain in the USA for 4-6 months, until she receives permission to travel. After about another 2 to 6 months, you will have an interview at the local USCIS office (Phoenix, perhaps), and if all goes well she will receive a 2-yr green card. Good luck!

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