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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11813
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I am a US citizen and I got divorced by my wife of 10 years

Customer Question

I am a US citizen and I got divorced by my wife of 10 years in December 2015. I have a girlfriend whom I've known for 18 years with whom I have a 16 year son. My girlfriend has a 2 year multiple entry visa to enter the US. She has visited the US twice since April 2015 when she got the visa.Questions1. Is it possible for me to marry her and file for her when next she visits the US2. If I marry her and file for her, can she go back to her job in her country and come back later for the immigration interview (since her visa is still valid for the next one year). She doesn't want to wait back here doing nothing when she has a job back home.3. Can I include her 17 year old daughter (who will turning 18 in August this yr.) in the filing so that she can come and join us in the US next year after her high school graduation.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello! Thank you for using Just Answer. I am James. I will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

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QUESTION:

I am a US citizen and I got divorced by my wife of 10 years in December 2015. I have a girlfriend whom I've known for 18 years with whom I have a 16 year son. My girlfriend has a 2 year multiple entry visa to enter the US. She has visited the US twice since April 2015 when she got the visa.

QUESTION 1: Is it possible for me to marry her and file for her when next she visits the US

ANSWER: She is not supposed to enter the US as a visitor, intending to marry and stay in the US. That is considered visa fraud. So you can get her a fiance visa and she can do that.

Yes, it is possible as a visitor. But that is only legal if she entered as a visitor not intending to stay in theUS, and then after several months, changed her mind. That is different than entering as a visitor, intending to stay from the beginning.

QUESTION 2: If I marry her and file for her, can she go back to her job in her country and come back later for the immigration interview (since her visa is still valid for the next one year). She doesn't want to wait back here doing nothing when she has a job back home.

ANSWER: She should apply for and get approved for Advance Parole if she wants to do it this way. She files form I-131 and has to get it approved before she leaves. It takes about 3 months. So she will be waiting anyway.

QUESTION 3: Can I include her 17 year old daughter (who will turning 18 in August this yr.) in the filing so that she can come and join us in the US next year after her high school graduation.

ANSWER: Only if you marry before the child turns the age of 18.

I hope I have answered your questions. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

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Customer: replied 1 year ago.
How is that intent decided. She has been here as a visitor in her last 2 visits and she is accompanying her 16 year old son who has just been given an immigrant visa primarily because she does don't the 16 year old to travel alone because he's a minor. So if she gets here and I decided to marry her and she accepted how is that intent decided and at what point are the going to decide that intent.If I succeeded in convincing her to wait and leave her job and I marry her before her daughter turns 18 in August. Does it matter that she's here and her daughter is there. Will they arrange a separate interview for her daughter back home. How soon can that be.
Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: Basically, if she comes here as a visitor, then gets married within 60 days and applies for adjustment of status, it could raise questions of intent that she would have to answer.

As for her daughter, no it does not matter if they are separated. The daughter will have her own interview. It can be as soon as you file the petition for her daughter and she goes through the process like her mother - within several months of your filing the daughter's petition. You should not file the daughter's petition unless she is ready to come to the US within about 9 to 12 months. Do not wait until she turns 21.

I hope I have answered your questions. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

Otherwise, kindly rate my customer service with a positive rating so I get credit for doing my job. You can keep asking questions even after you have given a rating.

REMINDER: I do not get a salary here, so your positive rating for my customer service is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked; I am sure you agree that would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job.

Keep in mind, you are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
Thank you.
If she visits and returns to her country after a month or so and I decide to file for her as a fiancée while she remains in her country, can I still add her daughter as a beneficiary of the filing. Typically, how long does it take for her to be given the fiancée visa if that's the route we take.
Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: Yes. But she will be applying for a K-1 visa, her daughter will be seeking a K-2 visa.

The fiance visa process takes approximately 7 months, give or take.

I hope I have answered your questions. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

Otherwise, kindly rate my customer service with a positive rating so I get credit for doing my job. You can keep asking questions even after you have given a rating.

REMINDER: I do not get a salary here, so your positive rating for my customer service is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked; I am sure you agree that would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job.

Keep in mind, you are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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