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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4752
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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My girlfriend visited US last year and she got only one

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My girlfriend visited US last year and she got only one month of visa. She left USA december 1st 2016. Now we are planning to get married but at the same time I want that she can come to US as well. She had 10 years visa. I have green card and I will apply for citizenship in July 2017. Here are my question.If we get married in her country ukraine and if she comes here in September 2017 and get just a month visa or two month visa, good idea to apply for her green card right away, will that work? Or it is a good idea that she comes lets say February/March 2017 and if she gets 6 month visa, we can get married (AGAIN) in USA after 4 months and apply for her green card?

Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

Customer: replied 13 days ago.
A little more background - By the way prior to last visit in november 2016 she was in USA first time for 6 months visa but extended her visa for one year but she left before the approval came for her extension. So she left in March 2016 and came back in November 2016 thats why she got one month entry.

Thank you for the extra information. I am just finishing up with another customer at the moment and I will be back with you shortly to provide an answer. Thank you for your patience.

Hello. It looks like you opted Jen Marie out. This means that she cannot reply to you. Would you like to have her opted back in?

Customer: replied 12 days ago.
She said she will be back shortly, its been more than an hour.....i dont have any choice

Is there some urgency that you cannot wait for her a little longer or it is just that you want the answer as quickly as possible but there is no true urgency that you couldn't wait a few more hours, for example?

Customer: replied 12 days ago.
I can wait for 24 hours but if someone is clear in her or his answer :-)

Well, I can be clear for you, but it may not be the answer you like. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Customer: replied 12 days ago.
I have no idea about that else i would have not done that. It just given me a choice saying do you want to talk to another expert thats all...my apologies

It's ok. That's entirely up to you. I can answer you now if you like, I just want you to be aware that it probably is not the news that you are hoping to hear. Are you ok with that?

Customer: replied 12 days ago.
I just want to know how the lawyer can help, even i know the answer to that question :-)

I will ask that Jen Marie be opted back in to help you. Hopefully it will not be too long.

Customer: replied 12 days ago.
ok

Thank you.

Customer: replied 12 days ago.
welcome

My pleasure.

If she comes to the US at any time with a tourist visa, she is only supposed to have intentions to come to visit and then leave. It is illegal to come here as a tourist with intentions to stay and apply for green card here. If she comes as a tourist and then suddenly while she is here, she decides to stay and apply then that is legal. The intentions make all the difference. She could receive a 5 year bar if she comes with intentions to stay and they find out at the airport.
Whether she comes this year or next year, it is the same thing. It will not make a difference which month she comes. If she does come and decides to suddenly stay, then she is allowed to remain in the US while the green card application is pending even if her time in the US expires.Good luck to you and I hope this answer has helped you!
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Customer: replied 12 days ago.
what's the solution? What can we do so that she can be here legally and at the same time we can be together? Possible I get mareied in Ukraine and apply for green card, can she still travel on her tourist visa?
You have a few options in this case..
A) K-1 fiance- for this visa you could not be married yet. You would have to marry once she is in the US. It takes about 6 to 9 months for the foreign person to enter the US after you apply for her. You would qualify because you are supposed to have met once in the last 2 years and have proof of it and it sounds like you two have done this. You will submit the I-129F to start the process and that will cost $535 plus a fee for the visa processing fee at the US embassy. Find it on uscis.gov/forms Again, It will take about 6-9 months for the foreigner to get the interview over in Her country. After she gets approved hopefully, she will enter the U.S., then you have to marry here within 90 days of entering and then you have to pay $1225 for the I-485 application after marriage which is for her actual green card. She will be called in for another interview here that you attend with your new spouse in about 5-6 months.
The next option:
B) If you decide to get married first in ukraine then she would qualify for the The CR-1 visa. This one takes about 9 months to 1 year before she is allowed into the US after sending the application. To begin You will submit an I-130 application. The fees are $535 for the I-130 and $325 and $120 for the visa processing fee at the US embassy/consulate and for an Affidavit of Support fee. The good thing is that once she is approved and enters the US, she will already be a permanent resident and doesn't have to apply for the I-485 or for anything else. That means you don't pay the $1225 that I mentioned in option A. She will just receive the green card in the mail. . USCIS immigrant fee is $220
With either option, she is allowed to enter the US on her tourist visa but it will be up to the officer at the airport to allow her in or not.
I hope this helps better and hope you can kindly leave a good rating for the service and consult today. Thanks for your consideration.

Hello again.. I see that you were able to view my answer a few days ago, but you did not ask any follow ups or leave me any feed back.

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Customer: replied 7 days ago.
I am not a citizen yet so I am not sure how I can call her in fiance visa right now , if I get married next month and file for her green card, will she be able to still visit me ? I don't see what's the solution here ...

The solutions I gave you are for when you are a citizen in a few months. For now, you can petition her but the wait time is 1.5 years for her green card. It will be faster to just wait until you are a citizen.

She is legally allowed to visit you in the US if she has a visa before or during that wait time as long as she has intentions to leave.

If she comes with intentions to leave but then suddenly decides to stay once she is here in the US, you can petition her once she is in the US if you are a US citizen already and she does not have to leave. This is only if it happens suddenly and it was not her intention to stay when she came.

I hope this helps now and hope you could leave a positive rating for my consultation.

Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4752
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Jen Marie, Esq. and other Immigration Law Specialists are ready to help you

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