Legal Question in Immigration Law in New York

Last month I got married to my girlfriend while she was here in the county on a tourist visa. Since then she has returned back to Russia and I want to get her a spouse visa will that be a problem?

This is not a fraudulent marriage, I have known her for almost 2 years and I love her very much. And we try to see each other every 2-3 months with one of us traveling to see the other. And when we got married last month it was very unexpected and 100% not planed. I fear authorities are going to accuse her of entering the country under false pretense and visa fraud, which is not the case, and be denied a spouse visa. So is that something we should fear?

Also, I want her to fly to NY in December to see me for 1-2 weeks before I begin the whole spouse visa process and the tourist visa she has now is revoked. Will she be able to enter the country while on a tourist visa and married to a U.S citizen without having any major problems?

Asked on 11/17/11, 3:54 pm

1 Answer from Attorneys

Nicklaus Misiti Misiti Global, PLLC.

You can apply for the spousal based green card, however, until it is approved she is not going to be able to visit. You will need to speak with and retain an immigration attorney as this is a complicated process. For a free case evaluation contact my office.

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Answered on 11/17/11, 5:09 pm

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