Legal Question in Immigration Law in New York
My fiancee is a Japanese citizen with an expired F-1 student visa. She has graduated from June 1st. I have been told that she is only permitted to remain in the U.S. for 60 days from graduation date. We plan to get married next week. If we apply for permanent residency for her, can she still remain in the U.S. after the 60 days? Furthermore, once she is granted conditional permanent residence status, is it possible to return home to take care of her father for 10 months and then return to the U.S. without jeopardizing her status?
3 Answers from Attorneys
She can stay in the U.S. while her green card application is pending. If she needs to stay out of the country for 10 months, she should have a valid re-entry permit.
We suggest you to consult with an immigration attorney.
You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.
The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.
Hi,
After you are married, all sponsorship paperwork can be filed concurrently for your spouse. This will allow her to remain legally in the U.S. and to be issued employment authorization as well as advance parole document to allow her to work and travel freely until the marriage interview, at which time she will obtain resident status.
You can call our law firm at 212-268-3580 during business hours for additional guidance, or email [email protected]
Hi,
marriage to a U.S. Citizen will allow your fiance to apply for work authorization, and green card.
Once she has a green card, she can travel and stay abroad for certain amount of time. If you need further assistance, please contact our firm.
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