Visitor Marry a GC holder

[tejash_n]

My sister is a US visitor B1 visa holder. SHe wants to get married to a Green Card holder who has applied for Citizenship in June 2005. What is the best way for her to get married and be in the country legally.
Her visa expires in Oct05. We are not sure if her fiance will have his citizenship approved by then. She decided to get married to him in her own country in Dec 05.

Does she have to come back on fiancee visa (K) and then register a marriage here and file for 485 here. Can she file living in her country of origin and get the permission early. Is there a waiting period there.

Any answer will be appreciated.
Thanks
Tej

[fitness99]

My sister is a US visitor B1 visa holder. SHe wants to get married to a Green Card holder who has applied for Citizenship in June 2005. What is the best way for her to get married and be in the country legally.
Her visa expires in Oct05. We are not sure if her fiance will have his citizenship approved by then. She decided to get married to him in her own country in Dec 05.

Does she have to come back on fiancee visa (K) and then register a marriage here and file for 485 here. Can she file living in her country of origin and get the permission early. Is there a waiting period there.

Any answer will be appreciated.
Thanks
Tej

If she is getting married in her home country in December 2005, here are two options among others (once her would be husband becomes a US citizen):

1) her husband can file I-130 with USCIS in the US after marriage, and then go through the immigration visa processing in her home country
2) her husband can file for K3 (spouse visa) which lets her come to the US and wait for the USPR process

[skk538]

After you are married in Dec, there is no fiacee visa for you (because you are married and not engaged) . You can only get a fiancee visa , K1, on getting engaged BEFORE you get married and also when he has his citizenship. Since it is not certain in your case if he can get his citizenship by DEC, you can;

1 Get married in Dec.
2. Wait for him to get his citizenship.
3 Get a K3 visa (a spouse visa)(find detailed info on www.travel.state.gov)

The advantage to getting a K3 is that this will bring you to the US fast and you can get an Employment authorization document (EAD) in the US and start work (if you wish to) while
your immigration app is under process in US. Processing times in US are usually
longer than processing in your home country but may vary.


OR

Your spouse can file an I-130 in US after becoming a citizen.And
you can wait for the processing at your home country.It will take
some months.
OR

Your spouse can file the I-130 at the consulate in India after becoming a citizen and spending a specified no. of days in India.(ask your consulate how many days) That is faster.

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NOT LEGAL ADVICE
USE AT OWN RISK