Legal Question in Immigration Law in New York

If I marry someone on a visitors visa can she stay in US?

Hi,

I am a US citizen. If I marry someone visiting me that is here on a visitors visa, can she stay permanantly with me in the US?

thank you


Asked on 3/10/04, 2:05 pm

2 Answers from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: If I marry someone on a visitors visa can she stay in US?

Generally speaking, assuming that the person you are to marry has not entered the U.S. with an intent to immigrate and is legally here (and can stay under the terms of the visa for a few months following your marriage) there is a possibility of adjusting that person's status from a visitor to a permanent resident. Spouses of U.S. citizens normally do not have to wait for an immigrant visa to become available and may obtain employment authorization while their petition for adjustment of status is pending (that can take a while). There are many specific conditions that you and your proposed spouse will have to meet in order to qualify, though, and you would need to make sure that you meet them before making any plans. If you require assistance with filing petitions, give us a call.

This reply is for general informational purposes only, is not legal advice and is not to be relied upon as such.

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Answered on 3/10/04, 2:32 pm
Elsa Ayoub GLEASON & KOATZ, LLP

Re: If I marry someone on a visitors visa can she stay in US?

Assuming certain conditions are met you may petition on behalf of your wife so that she adjusts status to that of a permanent resident.

Should you need additional information or help with the application do not hesitate to call me at 732-8287700 for a free consultation.

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Answered on 3/10/04, 3:10 pm


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