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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28200
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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How does my girlfriend have to stay in the United States in

Customer Question

How long does my girlfriend have to stay in the United States in order for us to get married if she has a visitors visa?
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Judith replied 1 month ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

She should wait at least 60 days before you file for a marriage license.

If she came here with the intention of being a visitor and returning to her home country and maintained all her compelling ties to home country such as residence, job, financial ties and then you and she changed you minds suddenly and married there is no fraud.She can remain here and file for adjustment of status and stay here while waiting for interview and approval of her application and your petition.

She will get a work permit and permission to travel in approx 90-100 days.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Customer: replied 1 month ago.
Thank you! Somebody was telling me it was 30 days, and another said it did not matter. I just want to make sure because we are planning to get our license so that we can get married out of country. We want to present the marriage license to the church because they require at first. But she would definitely come back and live in America with me at my house. By law, does she have to stay for 30 days first? Or can we do it while she is visiting for a week?
Customer: replied 1 month ago.
Our plan was to have the civil marriage here and then get married in Armenia. After that she would come back with me and we would apply for her residency or green card
Expert:  Judith replied 1 month ago.

Here is the case law and Foreign Affairs Manual

Matter of Cavazos, 17 I&N Dec.215 (BIA 1980)

http://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2750.pdf

That case held that the presumption of immigrant intent does not apply to immediate relatives if adjust ment is filed within 60 days.

However, that does not mean that the USCIS cannot look at other facts and they have many resources available to investigate whether there was a fraud or misrepresentation to the CBP when questioned at entry. So for example, if the CPB officer asked your wife why she was coming and ifs he was going back home and she answered "yes" but had abandoned all her ties to her home country then the USCIS could consider her statements as being a misrepresentation or fraudulent. So the adjustment could be denied on that basis and not on the immigrant intent issue.

Here are the relevant notes from 9 FAM §40.63 of the Foreign Affairs Manual ("FAM"):
http://www.state.gov/documents/organization/87011.pdf

Your plan will not work.

She cannot enter the US as an intending immigrant without the green card.

Or she needs to marry here, apply, get permission to travel and then you do the marriage in Armenia in the church.

But if you leave to Armenia before she files for the green card and gets the permission to travel in 90-100 days she cannot come back until she gets her immigrant visa there in Armenia and that will take 6-9 months depending on if you file for the K3 or CR1.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Expert:  Judith replied 1 month ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. It is how I make my living and only receive compensation if you rate me that you are satisfied by clicking on the stars. I feel I have failed you. Please tell me what additional information would be helpful.
Judith

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