Legal Question in Immigration Law in California

Marry a non-citizen

My girl friend is from Peru on a tourist visa until November. Can we marry? What do we need to do before or after we marry?

Thanks.


Asked on 7/11/09, 3:23 am

5 Answers from Attorneys

Ellaine Loreto Law Offices of Ellaine Loreto

Re: Marry a non-citizen

If you are a US Citizen, you can marry her and sponsor her for an immigrant petition. At the same time, she may file for her green card, which she may receive within 6 months of filing. She may also receive a work permit within 3 months of filing.

If you are a legal permanent resident and not a citizen, the process will take longer, which may risk her status, if she overstays to wait for your petition to be approved. She will not be able to file for her green card at the same time as your petition if you are a legal permanent resident.

In filing the petition, you must show the marriage is real by providing joint documents. We can assist you with the application process and meeting the requirements.

To meet with us in person, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com to make an appointment. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 7/13/09, 2:02 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: Marry a non-citizen

Dear Inquirer:

You definitely would not want to marry within 30 days of your girlfriend's arrival, as this would suggest that she had a "preconceived intent" to remain in the US permanently when she presented herself for admission as a tourist, which is tantamount to visa fraud.

Assuming she entered as a tourist and her intentions subsequently changed, i.e. you and she decided to get married, then it is possible to file for adjustment of status to green card in the US. Once married, we would file an application for adjustment of status based on a concurrently filed immediate relative petition; and an application for a work permit, which would be issued in approximately 90 days.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.

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Answered on 7/11/09, 2:02 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Marry a non-citizen

Yes you can. Before marrying you might want to get a prenuptual agreement. That's out of the immigration realm, though. In addition to that, you can determine whether she qualifies for adjustment of status or visa processing and do some preparation for filing for immigration status.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 7/11/09, 2:12 pm
Omer Rangoonwala Law Offices of Omer Rangoonwala

Re: Marry a non-citizen

Hi,

The answer depends on what your status is and what her intent was at the time she entered the US. It also depends on what her plans are after the marriage, will she stay in the US or go back home to Peru? Assuming you are a US citizen, then yes you can get married as long as she did not have the intent to stay here when she entered the US. Otherwise, you can still get married, but she would have to go back to Peru and then you would sponsor her.

My office handles such cases on a regular basis, and I have personal experience as my wife also immigrated under the same circumstances.

Please call me to discuss details and if you need help in preparing the paperwork. Hope everything works out for the best. Until then, please don't rely on this as legal advice.

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Answered on 7/11/09, 7:16 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Marry a non-citizen

Absolutely, but there are steps to be taken. This is why you should get an immigration attorney,my paralegal is also from Peru. If you are in California contact me to discuss your case.

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Answered on 7/14/09, 10:50 am


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