Orlando, FL asked in Immigration Law for Florida

Q: my girlfriend is ready to fly to Orlando area from Athens Greece with her minor children, to get married and live here

legally, with me an American citizen. Shes ready to fly here and get married. Is this ok with Uscis?

Following the immediate marriage, I will apply to Uscis for their legal residency

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3 Lawyer Answers

Kyndra Mulder

  • Immigration Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: This is OK if she has a fiancé visa. Coming to the USA on a non immigrant visa with the intention of immigrating is fraud.

i suggest you consult with an experienced immigration attorney to discuss the options for going about this properly.

Ms Grace I Gardiner agrees with this answer

Allen C. Ladd

  • Immigration Law Lawyer
  • Greenville, SC

A: Sorry, but ... No, not OK. Improper, and considered IMMIGRATION FRAUD. Could result in many problems. STOP.

Much better to take this, step-by-step:

1. You go to Greece and marry your Greek fiancee.

2. You file I-130 family petitions for her, and for each of her children.

3, The I-130 petitions are review, processed and hopefully approved.

4. Then she and her children apply for immigrant visas and attend IV interviews in Athens.

5. When approved, they have 6 months to use the IVs to come to the USA, as "conditional resident" green card holders.

Ms Grace I Gardiner agrees with this answer

Kevin D. Slattery Esq.

  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: You should consult with a competent immigration attorney who can advise you on the proper way(s) by which she can immigrate. If one is using a nonimmigrant visa (such as B-1/2 or Visa Waiver Program/ESTA) with the preconceived intent of immigrating permanently, the immigration service could (and likely would) perceive that as fraud. The Department of State's Foreign Affairs Manual does speak of the acceptability of entering the U.S. in visitor status with the purpose of marrying here SO LONG AS the intent is to thereafter leave and await processing of an immigrant visa case through the U.S. Embassy abroad. (Note: Even this may pose problems if the port-of-entry officer doesn't believe she intends to return abroad.) If her intent is to come to the U.S. to marry and then pursue adjustment of status from within the U.S., then the K-1 fiancee visa process is likely the way to go. Again, it would be wise for you to schedule a consultation with an experienced immigration attorney.

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