Should we get married in her country first or in america first!!

[Commando 13]

Hi, I have a serious question and I need help please..

 

I am an American citizen and I will marry to non-US citizen but we will marry in her country to celebrate our marriage with her family. The question now can I marry her again in american court if she visit me in usa and then I will apply for her GC while she are living with me in america or we have to marry in america first in order to apply for GC while she is with me in america?

Note: I don't want her to wait for me in a different country since the process for I-130 application will take forever.

Also I have a friend told that if we married in america first then the GC will be issued for her in month (is that true)?

Thanks

[Roel 7,191]

5 minutes ago, Commando said:

Note: I don't want her to wait for me in a different country since the process for I-130 application will take forever.

You have too. That's the immigration rules for you. Just because you don't want to wait, doesn't mean that rules will change for you.

 

 

Quote

Also I have a friend told that if we married in america first then the GC will be issued for her in month (is that true)?

 

HAHAHHAHAHAHAHHA.

 

no.

 

Basically the best thing to do (and probably the only one) is to get marry in her country, apply for CR1 visa (10 - 14 months processing time) and then she can move to the US.

 

Having her come to the US with intent to adjust status is immigration fraud. Don't do it. No one will assist you with that.

Edited March 30, 2019 by Roel

[Commando 13]

17 minutes ago, Roel said:

You have too. That's the immigration rules for you. Just because you don't want to wait, doesn't mean that rules will change for you.

 

 

HAHAHHAHAHAHAHHA.

 

no.

 

Basically the best thing to do (and probably the only one) is to get marry in her country, apply for CR1 visa (10 - 14 months processing time) and then she can move to the US.

 

Having her come to the US with intent to adjust status is immigration fraud. Don't do it. No one will assist you with that.

What about if we she visit me in america and get marry there? How its gonna work?

Edited March 30, 2019 by Commando

[Going through 5,668]

3 hours ago, Commando said:

The question now can I marry her again in american court if she visit me in usa and then I will apply for her GC while she are living with me in america or we have to marry in america first in order to apply for GC while she is with me in america?

You can marry wherever you wish to.  If you marry in her home country, then she stays there and you come back to the US and file the CR-1 spouse visa for her.

If you marry in the US, then she goes back to her home country and you file the CR-1 spouse visa for her.

 

There is no "marry in America and stay in America to adjust status" since her intention is to cross the border and stay....sorry.  She must go home and wait out the process from her home country.   Crossing the border with intent to stay and adjust status is fraud.

 

 

3 hours ago, Commando said:

Also I have a friend told that if we married in america first then the GC will be issued for her in month (is that true)?

Don't believe everything your friends tell you.   No GC gets issued in a month---whether from inside the US or not.

 

 

3 hours ago, Commando said:

Note: I don't want her to wait for me in a different country since the process for I-130 application will take forever.

Right now you're looking at around a 12 month (on average) processing time.  Not exactly forever.  

 

The good news is that you are free to travel to visit her during the process, or she can visit you (showing compelling ties to return to her home country after).

The good news is that when the CR-1 is approved, she can legally work the moment she sets foot in the US.

The good news is that the 12 month (or so) processing time gives your soon-to-be wife plenty of time to tie up any loose ends in her home country, sell any belongings she no longer wants, ship other belongings to the US, spend some time with her family, etc. before making the move to another country.

The good news is that she will be issued a 10-year green card, so no ROC filing/fee afterwards---another benefit to doing the CR-1.

 

The bad news is that you'll have a bit of time apart....but it will fly by quicker than both of you think with all she (and you) have to take care of before her arrival in the US.

 

[Going through 5,668]

3 hours ago, Commando said:

What about if we she visit me in america and married there? How its gonna work?

She has to go home.  You then file a CR-1 spouse visa for her.

Again, she CANNOT cross the border with intent to marry and remain in the US to adjust status from inside the US.

Edited March 30, 2019 by Going through

[Cryssiekins 976]

29 minutes ago, Commando said:

Note: I don't want her to wait for me in a different country since the process for I-130 application will take forever.

Literally none of us want to be separated from our significant other, but that’s the process. 

[Crazy Cat 39,206]

 

1 hour ago, Commando said:

Also I have a friend told that if we married in america first then the GC will be issued for her in month (is that true)?

Whoever told you that has NO idea as to the real process...........Immigration requires a great deal of knowledge, planning, time, patience, and money.......there just are no legal short cuts.....

[aaron2020 11,651]

What country is she from?

 

Does she have a tourist visa?

 

It's 12-18 months for a CR1 visa and green card if applying from outside the US.

 

It's 12-24 months for an adjustment of status for a green card after she legally arrives on a K1 fiancee visa which takes  year to get.

 

No one ever gets a visa, green card, etc. 1 month after marrying a US citizen.  DO NOT TAKE IMMIGRATION ADVICE FROM YOUR FRIEND.  

 

Separation is part of the immigration process.  No one here wants to be separated, but we are.  

Edited March 30, 2019 by aaron2020

[Going through 5,668]

Placing bets on the OP's friend telling him we're all wrong/not to listen to us/we know nothing about immigration processes...

 

Would love to know where the friend got the 1 month GC info from, though!

[Commando 13]

1 minute ago, Going through said:

Placing bets on the OP's friend telling him we're all wrong/not to listen to us/we know nothing about immigration processes...

 

Would love to know where the friend got the 1 month GC info from, though!

Actually I didn't believe it but that what he told me about his friend's case

[Cathi 5,609]

Entering the US with the intent to marry, stay and adjust status is immigration fraud and will result in a lifetime ban from the U.S.

 

Stop listening to advice from friends and do research on the process, starting with the guides at the top of the page.

[suss6052 32]

1 hour ago, Going through said:

The good news is that she will be issued a 10-year green card, so no ROC filing/fee afterwards---another benefit to doing the CR-1.

 

The bad news is that you'll have a bit of time apart....but it will fly by quicker than both of you think with all she (and you) have to take care of before her arrival in the US.

 

Since they will have been married less than 2 years prior to the port of entry if they get married this year and file for the CR1 visa they will not receive a 10 year unconditional green card but the 2 year conditional one and have to remove the conditions. There's no adjustment of status like with a K1, but for a couple less than two years married at the POE it's a 2 year green card. Though if they are an LPR the delay might push it into an IR1 category as those take years to come current.

Edited March 30, 2019 by suss6052

[carmel34 3,529]

1 hour ago, Going through said:

The good news is that she will be issued a 10-year green card, so no ROC filing/fee afterwards---another benefit to doing the CR-1.

This is not correct.  A spouse entering on CR-1 is issued a 2-year green card with no need for AOS after entry like the K-1, but there is still the ROC process after two years to get a 10 - year GC.

[Boiler 43,420]

You marry, location not relevant. You only need to marry once

 

File a petition

 

Takes about 15 months

 

I see you recently naturalised so I would have thought you must be sort of familiar with the process, how did you get to the US?

 

 

[C90 376]

3 hours ago, Commando said:

Note: I don't want her to wait for me in a different country since the process for I-130 application will take forever.

Also I have a friend told that if we married in america first then the GC will be issued for her in month (is that true)?

Thanks

No one wants this, everyone has to go through it. If they find out ANYWHERE down the line (even after she gained citizenship) that she obtained her status via fraud (like others said, coming here with the intent to marry and adjust status is fraud), they'll cancel her status and she 'gets' a one way ticket back to her home country and a ban to the US. And since you obtained citizenship, it could work out pretty bad for you too I would think. Just do it the legal way.

 

You can marry wherever you want and after you filed I-130 you can visit each other. Depending on the country you might be able to do DCF, but without the proper info we won't be able to help you with that.

 

You could also consider moving to her country while waiting for the I-130 to not be apart from each other while waiting. Just make sure you still can meet the domicile and financial requirements.

Edited March 30, 2019 by C90