I met a beautiful Russian girl months ago. She is in the US on a tourist Visa. I want to marry her so that she can stay in the US. Once I marry her I assume we can apply for a green card? I'm very afraid since her visa will expire soon and I don't know how to extend it. Advice desperately needed!
If you marry her here in the USA, then you should apply for her permanent residency status. You will need to gather documentation to prove the marriage (such as the license) and other evidence. The Form I-130 needs to be filed for an alien relative and the Form I-485 Adjustment of Status form might also be needed to change the alien's status from visitor to permanent resident. Contact the USCIS agency on their website --> www.uscis.gov
It can take months to get a visa approved, and her being in the country already may not be a plus. With her being in the country already, means she has passed a back ground check,, and was found to be more likely to return home. Having reasons to return home, such as, family, a good job, money in the bank, etc. Wanting to stay in the US could be seen as a deception,, and they will scrutinize her background even more. If you have problems keeping her in the US, it will most likely be because of this.
Even though you marry an foreigner in this country, that does not mean that the application to adjust status will be approved. For example, if you are an unemployed homeless person, the USCIS will see you as being unable to provide for your spouse and could force her to return home until you can prove that she will not be a public charge if she becomes a permanent resident. It seems hypocritical to allow two poor citizens to marry and live together, but not one who is a foreigner. But, the immigration laws do not foreign "deadbeats" to live here and get welfare.
Much of the immigration laws do not make sense. I have foreign born relatives who immigrated here and never worked for one day here and they get SSI and free medical care and subsidized housing. I have worked over 35 years here and don't qualify.
And if she remains overseas for a long time and then decides to divorce you, the divorce court would have to do that in absentia for her since USCIS will probably not allow her to come into this country just to get divorced legally.
Dc, if the woman is out of the country, and the man files for divorce, it’s considered a divorce by default. If she wants to challenge the divorce, it could be a different story.
I had a “Pre-nup” that was supposed to be air tight,,, and the reason why I say “supposed to be” is that I never read it. I was a minute or two late for my appointment with my atty, and he wasn’t in. I had to take Irina and the pre nup over to her atty, where I listened in for a while,,, then had to leave so they would have their private time, which is required by law.
A funny footnote,,, my atty was our Justice of the Peace,, and her atty became the judge that divorced us. lol I told my new atty this while walking towards the courtroom,,, and asked if this would be some kind of conflict?? He said no,, it won’t even be brought up! Very first words out of the judges mouth,,, I was your wife’s atty,,, is this a problem for you?? I said: No!,,, because I knew it would be a default divorce, and I wanted it over as easy as could be.