Legal Question in Immigration Law in South Carolina

Hello,

I am doing research on behalf of my friend. She is dating an U.S. citizen and they would like to get married. She entered Legally in the country and currently finds herself under a legal and valid tourist visa with entry/stay granted by immigration & customs valid till April 2016.

Can they just go to the courthouse and get a marriage license according to State rules? Does that make her a permanent resident automatically?

How about her SSNumber? is it mandatory for her to get married?

What else do they have to do so she doesn't have to go back to her home country every 6 months?

Thank you very much.


Asked on 11/10/15, 10:53 am

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

In response to your questions:

Yes, they can go to the Courthouse & get married, but they need a marriage license first.

No, it will not automatically make her a LPR. She & her husband must file a bunch of forms with USCIS & have an interview first.

No, she cannot get a SS# until she has at least a work permit, or becomes a LPR.

She will not have to return "home" every 6 mos. if they get married & she files her paperwork with USCIS. She can "adjust status" in the United States as long as she had a proper entry.

I highly recommend they seek legal representation to make sure they file all the proper documents, forms, filing fees, etc. If they don't file properly, it will delay her case & could cost her a lot more money to hire someone later on to fix any mess that has occurred.

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Answered on 11/10/15, 1:56 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600. Regards, RDM

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Answered on 11/10/15, 5:56 pm


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