I have now consulted 2 immigration lawyers and both told me that F2A green card categories will be current soon / later in the year. They say there are predictions from the government who state this.
Can you confirm this?
Now my question and situation.
I am German and able to travel to the USA with a Visa Waiver. My girlfriend is on a re-entry permit, as she has to finish her education back in Europe. She can`t leave for USA before December 2015 as she needs to complete her study first. Now, for the sake of this question, please assume that the status of the F2A category will be current in the next couple of months and the implication this would have for me. Kindly answer question by question and not one general answer.
We assume entering with Visa Waiver and to marry in the USA, e.g. Las Vegas is not a problem. Please confirm/disconfirm.
2. When to marry?
I read that if you marry and request for Adjustment of Status within 60 days after your entry with a Visa Waiver, It will be assumed that you convicted via fraud. Please therefore inform when it is safe to marry considering a potentially current F2A category. To avoid visa fraud, will it be better to marry abroad in this case?
3. My girlfriend would still be in a re-entry permit (after the green card win via lottery) as she has to finish up things in Europe (education) before going to live permanently in the USA.
This implies that she has no own residence in the USA (only an address at friends). Would it be possible to have all mail send to a lawyer that represents us or does she need to have a residence on her own? Can we use a postal service such as UPS store who scans and emails the letters as option?
4. Due to exams she will not be able to come to USA after filing the petition for 2-3 months. I hear there are requirements for her to go to appointments, biometrics etc. I assume if these appointments are re-scheduled that they can be done at later stage. Please inform.
5.Knowing our situation what would be the most appropriate scenario assuming that F2A is current e.g. in September 2015. Please inform.
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