I have some questions about marrying my international girlfriend.

[Samari]

So me and my girlfriend are planning to get married. There is a huge obstacle ahead though. She's an international student from Macau. We've been together three years and gone to the same university. In order for us to get married though we'll both have to go through the process of her getting her green card and also her working permit for the U.S. later on. But the important thing is being able to get married first. From the research I've conducted thus far, I hear it's expensive and complicated. Any thoughts on where I should begin? There is so much information on the internet I'm not sure where to start.

[Lauriebell82]

My husband's best friend married a woman from China. First thing you'll need is a lawyer who can work with you. It will be hard to do this on your own (it will take a LOT longer) And yes, it is a long process. You can get what's called a "fiance visa" in which you can travel back and forth and then she will have to apply for a temporary work permit which will take some time as well. Then once she comes you will have 90 days to get married, then she will have a temporary green card, and then wait two years to get a permanent one.

 

It takes time, they got engaged in 2009 I believe, and it took her a year to actually get the USA. They got married in 2010.

[analystfromhell]

You will need to talk with an immigration lawyer as rules for immigrants vary country by country but I went through this. Just marrying her is probably NOT the answer... The DHS will run you through the ringer and assume it's fraud and believe me they are VERY good at this. We did not have this problem because we first got an engagement visa- note she HAS to be out of the country to obtain this and then come into the country with it. Then you can get married (procedures and timetables for this as well). After that there's another process which, if she speaks english, won't be bad. Talk with a lawyer though, a reputable one, not one advertised at the INS:), and get current and specific advice. The few hundred bucks can save months or years of waiting.

[zengirl]

It depends on her current visa status and other potential for visa status (speaks English, ties to the community, skills or degrees that make her a desirable immigrant, etc), beyond the marriage visa.

 

If she has a current visa, marrying and getting her resident status 'upgraded' is sometimes easier than waiting until her current visa runs out. However, it can also cause tons of trouble and make it much harder than the fiance visa would be. It really, really depends.

 

Basically consulting with an actual attorney who can examine your situation would be wise.

 

FWIW, if you have a documented 3 year relationship, I do not think DHS will assume it's fraud. You'll have to go through the process, but I've known many couples who did and it doesn't seem like a "guilty until proven innocent" type of process to me. Probably depends on who reviews your case, though.

[taiko]

Start on visajourney.com this is their subject matter. If I understand right she is already here on a student visa. While a case worker may take extra care to see she is not marrying just to overstay a visa, the movie green card process. The process is no harder then having her return home and then having to petition her for another entry on a spousal visa.