Legal Question in Immigration Law in Ohio

green card holder wants marry to a visit visa

I am a green card holder planning to get married to a girl who is here in USA on multiple visitor visa.

Our plan is first file for a petition to convert her tourist visa to student visa, once it is approved then get married so she can stay with me and travel too in case she want to go abroad, and maintain her student visa status till I become US Citizen.

- what do u suggest When do I file I-130 for her, after she got her student visa or wait till I become citizen. I have three more years left to become citizen

- does getting married to a student visa holder change her student visa status (and make her out of status).

-What will be the status of our Kids if they were born before she becomes permanent resident?

-Does filing petition for student visa have any negative effect on her multiple visit visas?

-which form i need to file for student visa petition.

thanks


Asked on 7/09/09, 11:56 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Re: green card holder wants marry to a visit visa

If she is in the USA and wishes to change status, she cannot convert her B1/B2 visa to a student visa. Because she is in USA, she should apply for a "change of status" to a student status. As a first step, she shall contact the college, talk to an international students advisor, get admitted, get I-20 form, etc.

If she will change her status to a student status, and later will need to travel abroad, she will have to obtain a student visa at the consulate because she cannot return to USA on a visitor's visa if her status here is an international student.

You shall discuss your strategy pertaining to her immigration with a qualified immigration attorney in private. If you would like to schedule a consultation, you are welcome to email our office at Attorney [@] law-visa-usa.com

Read more
Answered on 7/09/09, 12:10 pm
Philip Eichorn Hammond Law Group

Re: green card holder wants marry to a visit visa

If she has the intent to remain in the country, then she is in violation of her non-immigrant status. If she is found in such violation, she is subject to deportation.

Developing a strategy with a skilled immigration attorney at this point of the timeline is the best advice I can give you.

Read more
Answered on 7/09/09, 3:28 pm


Related Questions & Answers

More Immigration Law questions and answers in Ohio