Legal Question in Immigration Law in Florida
Hello, first and foremost I would like to thank you for taking your personal time to answer my questions. My main question is this; Can my girlfriend come to United States from Montenegro on her Tourist Visa(which she has already acquired), get married with me here and stay here? My concerns with this are will she be forced to move back for a waiting period until she has the proper visa requirements or will we be able to do all the paper work from here? Btw. I am a USA citizen. Also this question might be out of your realm but would she also be able to start her Collage studies if she is able to do the necessary paperwork here once we do get married?
2 Answers from Attorneys
As you are a U.S. citizen, then you can petition for her as long as you are married. she will not have to return to her home country, she will be able to obtain the green card while inside the U. Make sure she has a copy of her I-94 card and visa stamped into her passport, as proof she was lawfully inspected and admitted into the U.S. Once you file the necessary paperwork, yes she is eligible to go to college. Contact my office so we can assist you in filing the necessary paperwork, to ensure she gets her conditional green card expeditiously.
Your girlfriend should be careful about entering the country on a tourist visa with the intent to marry. When being questioned and inspected at the airport she will have demonstrate she has nonimmigrant intent which means temporary intent. If she actually is entering for the purpose of marrying you, she could be accused of fraud and preconceived intent at the time of filing her green card petition. If you are sure you would like to marry your girlfriend, you may want to consider applying for a fiancee visa for her. Once she enters the country on her fiancee visa, you will have 90 days to get married and then you can file the green card paperwork while she is in the country. Please feel free to contact me to discuss this matter further.
Seeta L. Nangia, Esq.
Law Offices of Seeta Nangia
Exclusively Practicing Immigration Law
Phone: (415) 273-9123
Email: [email protected]
Website: www.nangialaw.com
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