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My girlfriend and I have been together for about two years.

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Greetings,My girlfriend and I have...
Greetings,My girlfriend and I have been together for about two years. She is a Russian citizen- I met her while I was traveling there. We have both flown to and from our countries on tourist visas to visit one another. The time has come now for her to immigrate here to the USA so that we may begin our future and family together. She is scheduled to fly here on December 23rd. And we hope she will not have to return to Russia. We plan to marry- and not for legal reasons. She is a very successful woman whom I adore and wish to create a life with.I've done my fair share of research regarding the immigration process. Although the recent immigration restrictions set in place by the Trump administration have me concerned.Please advise.Best Regards, *****
Submitted: 8 months ago.Category: Immigration Law
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11/30/2017
Immigration Lawyer: Ely, Counselor at Law replied 8 months ago
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,583
Experience: Private practice in several areas, including immigration
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

What specifically can I answer for you in regards ***** ***** current administration's policies? Or are you just asking if they may restrict her in some way?

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Customer reply replied 8 months ago
Thank for you your timely response.I'm just wanting to know the best way for her to obtain her green card and for us have the ability to start our lives together in America. I was planning to marry her within the next few months while she is here visiting over Christmas. She will be here on her tourist visa. But I'm uncertain if that is enough for her to stay in the states and obtain a green card (or at least apply for one and be eligible to remain within the U.S.)We are simply sick of paying for international flights. We wish to start a family and a life together here in the U.S. And I'm uncertain how best to do so.
Immigration Lawyer: Ely, Counselor at Law replied 8 months ago

Sure - please give me a few minutes to type out the answer, as this is live...

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Immigration Lawyer: Ely, Counselor at Law replied 8 months ago

GETTING MARRIED ON A B2 VISA - DUAL INTENT
The issue here is that USCIS does not allow a visitor visa to have dual intent. You see, a B2 visa does not allow "dual intent." This means that one cannot travel on it with an intent to remain in the US indefinitely which is what a greencard would allow someone to do. For a good explanation of dual intent doctrine, see HERE. In short, someone with a B2 visa cannot adjust their status for a permanent greencard based on marriage (in theory).

However, there are exceptions. See HERE. As long as the I-130/I-485 is filed AFTER 90 days after your arrival, then the presumption is that you HAD no dual intent. The paperwork/affidavits also have to reflect that the two of you decided to get married only after you were here 90 days. Then, USCIS generally allows a B-2 visitor to ADJUST their status to a greencard even if she is on a B-2 which does not allow dual intent without asking them to leave and come back once the greencard is available. But this is a risk. Sometimes, USCIS will deny this.

PROCESS FOR I-130/I-485
For a step by step process on how to file for a greencard based off marriage, see HERE.

Once you filed the paperwork, she would now considered "in process to Adjustment of Status," meaning that it does not matter if her visa expires because "in process to Adjustment of Status" automatically extends her validity of the visa while the application is pending. Ergo, she can stay while the I-130/I-485 is pending (a wait of about 6 months). However, again, you cannot go outside USA during this time. If she does, USCIS considers the application abandoned!

For another version of this explanation, please see HERE.

RECOMMENDED STEPS
Due to the above, the following is the best option:

1) Marry in USA after her stating here 90+ days of entry;
2) File immediately for greencard;
3) Wait 6 months to receive it and stay in USA in the meantime;
4) Receive it;

ALTERNATIVE
Alternatively, one can be married abroad, and then be petitioned for as a spouse via I-130 which is a wait time of about 6 months.

There are various nuanced differences in how this can be done of course, including marriage abroad, etc.

The current administration's policies do not affect her, or rather should not. She does not come from a country which is in the scrutiny of this administration's eyes, and unless she has some radical links, it really should not be an issue. And spousal visas have not been curtailed, and there is no plan to curtail them.

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