Legal Question in Immigration Law in Minnesota

B1/B2 Getting married with Green Card

My girl friend just arrived on Visitor visa. Now we are thinking about getting married. I am a green card holder and at the time we get married she will be on B1/B2 visa. The question I have is how can she extend her visa so that she can just be with me and wait for the green card processing as well. Since I got a Autistic kid from my previous marriage living with me, it is very helpful for both of us if she can be here with us. Any advice will be appreciated. Is there a such a thing call harship in INS directory?


Asked on 5/15/03, 12:10 am

3 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: B1/B2 Getting married with Green Card

While waiting to be adjusted...your wife need to maintain a legal status. Yes...there is something called humantarian parole

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Answered on 5/15/03, 11:17 am
Myron Morales Lee Lane Smith LLP

Re: B1/B2 Getting married with Green Card

Once you file the "green card" application, she will receive an EAD and and Advance Parole. She can remain in the U.S., work and travel outside of the U.S. with these documents. There is no need to renew the B.

Please feel free to contact me if you have any additional questions at [email protected]

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Answered on 5/15/03, 3:36 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: B1/B2 Getting married with Green Card

Generally, there are two scenarios for spouses and children of permanent residents to apply for immigration:

(1) The first scenario is that the alien spouse is already in the United States in a nonimmigrant status. In this case, the permanent resident may only file an immigration petition (I-130) for the alien spouse. The alien spouse has to wait for the immigrant visa number to become current before he or she may apply to adjust to permanent resident (I-485). During this waiting period, the alien spouse needs to independently maintain a valid nonimmigrant status.

(2) The second scenario is that the alien spouse is outside the United States. In this case, the U.S. permanent resident needs to file an immigration petition and request that the Immigration & Naturalization Service notify a U.S. Consulate in the country where the alien spouse lives. Once the immigration petition is approved and an immigrant visa is available, the National Visa Center of the U.S. State Department sends "Packet 3" to the U.S. citizen. After the necessary forms are completed, the alien spouse goes to the U.S. Consulate overseas to apply for an immigrant visa. On the day that he or she enters the United States on an immigrant visa, he or she becomes a U.S. permanent resident.

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Answered on 5/15/03, 12:37 am


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