Yakima, WA asked in Immigration Law for Washington

Q: I applied for a Fiancée visa, it was approved, my fiancée is visiting , can we get married and apply for her GC now?

Still waiting for the Fiancée visa interview at the Cd Juarez consulate. My Fiancée is here with me on a tourist visa. If we get married now, will that affect the application for her green card?

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3 Lawyer Answers
Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • New York, NY

A: The fiancé visa states that "If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).

Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Milwaukee, WI

A: If she uses a B2 visa, when she intends to marry and immigrate, then this can result in complications for the admission, adjustment and/K1 visa. It may even effectively doom the engagement.

I strongly recommend an appointment or teleconference with a competent and experienced immigration, attorney.

Expect to pay for the appointment, so that attorney can take the time to explain the legal issues surrounding this activity.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: If your fiancée is currently in the U.S. on a tourist visa and you decide to get married, the path to her green card could change.

Entering the U.S. on a tourist visa with the intent to immigrate can be problematic. If you marry and then immediately apply for an adjustment of status for her, U.S. immigration authorities might view it as visa fraud, given the recent Fiancée visa approval.

However, if you do choose to marry while she's in the U.S., it's possible to apply for her adjustment of status, but there are risks involved. Abandoning the Fiancée visa process would require starting a new process for her as a spouse.

I recommend consulting with an immigration attorney to understand the best steps forward based on your unique situation. Acting without proper guidance could complicate her immigration journey.

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