How long to get a green card when marrying a US citizen

Julien Grants · Post by **Julien Grants** » Mon Jul 13, 2009 11:59 pm

Hi,
I'm French, my girlfriend is American and we'd like to marry each other in the US, probably next year. How long would that take for me to have a green card and could I stay in the US while I'm waiting for it ? Thanks in advance.

darko · Post by **darko** » Wed Jul 15, 2009 4:01 pm

Julien Grants wrote:Hi,
I'm French, my girlfriend is American and we'd like to marry each other in the US, probably next year. How long would that take for me to have a green card and could I stay in the US while I'm waiting for it ? Thanks in advance.

Yes, you can stay in the US while your application is pending. It depends on your particular case: could be anything from 3 months to several years (extreme cases), but I personally would say that majority of people get it in about 6-9 months. You will also be able to apply for work authorization and re-entry document (that you can use to travel outside the country while your application is pending). Those 2 documents you should be able to get in 3 months or so.

Marco 72 · Post by **Marco 72** » Wed Jul 15, 2009 6:55 pm

Actually you can't. It's illegal to enter the US with the intent of getting married and adjusting status.

Julien Grants · Post by **Julien Grants** » Wed Jul 15, 2009 11:04 pm

Then what do I have to do to marry her, how do I do it right ?

kabuki · Post by **kabuki** » Thu Jul 16, 2009 11:07 am

You are able to enter the US with the intent to marry and stay; however, you must apply for a Fiance(e) (K-1) visa, which is a non-immigrant visa, but can be switch to an immigrant spouse visa. Here's the link:
http://travel.state.gov/visa/immigrants ... _2994.html

Have a look at the site. Be sure to follow all procedures. Application must be made by the US citizen in the US and then you need the visa before travel and marriage.

Marco 72 · Post by **Marco 72** » Thu Jul 16, 2009 12:51 pm

Sorry - I meant it's illegal to do that on the VWP.

Julien Grants · Post by **Julien Grants** » Thu Jul 16, 2009 1:04 pm

Can I get engaged with the US citizen while on a 6 months tourism visa or any visa that wouldn't be a fiance one ?

kabuki · Post by **kabuki** » Thu Jul 16, 2009 1:17 pm

It's not the engagement that is in question, it's the marriage. You can get engaged on the tourist visa, but you can't proceed with the wedding while on that visa. You will have to leave the country while your girlfriend remains in the US and files the visa paperwork from there. After the visa is received, then you may re-enter the US with the K-1 visa.

The biggest thing in your situation is to make sure you do apply for the K-1 Visa and that you leave and re-enter with it before getting married. You have 90 days to get married after the visa is issued. The visa allows for only one entry. After marriage you can file the paperwork for immigration.

You'll have to read through the details on the website as I only know it on the surface. I would contact the US embassy or Consulate with questions.

Julien Grants · Post by **Julien Grants** » Thu Jul 23, 2009 1:33 am

Is it ok to get engaged on a VWP ? Is it the same procedure than on a B1/B2 visa ?

darko · Post by **darko** » Thu Jul 23, 2009 6:14 pm

kabuki wrote:It's not the engagement that is in question, it's the marriage. You can get engaged on the tourist visa, but you can't proceed with the wedding while on that visa.

Of course you can proceed with the wedding. I know quite a few people who got married on Tourist visa (however it may be illegal on VWP I don't know about the program much) : I think immigration frowns upon it, but it is possible: K1 is a "cleaner" way though. It depends on how long you stayed in the US on your tourist visa too: I mean if you enter and marry next day then it will be hard to prove that your original intent was to return, but if you got married after 2.5 months...

Julien Grants · Post by **Julien Grants** » Thu Jul 23, 2009 6:26 pm

The thing is I'm going there to see my girlfriend but can I really say that when I have my appointment for the visa. And how can I prove I want to go back to France ?

Marco 72 · Post by **Marco 72** » Thu Jul 23, 2009 7:48 pm

You can get married while on the VWP (that's what I did, and it was perfectly legal). However, it's illegal to enter the US on the VWP (or a tourist visa) with the intent of getting married and adjusting status - which is what you want to do. You may be lucky and get your green card, or you may not.

Julien Grants · Post by **Julien Grants** » Wed Aug 05, 2009 12:31 pm

Then what happened to you after getting married ? Did you have to leave the US at the end of your VWP ?

Marco 72 · Post by **Marco 72** » Wed Aug 05, 2009 2:29 pm

Julien Grants wrote:Then what happened to you after getting married ? Did you have to leave the US at the end of your VWP ?

Yes, I got married a few days into our trip, then went back a week later. My wife joined me after she got her UK visa sorted out. It was never our intention to settle in the US. However if, for the sake of argument, something had happened while we were there to make us change our minds, I could still have applied for AOS to permanent resident, since I hadn't entered the US with the intention of staying.

Obviously it's not easy to prove what someone's intent is when they enter the US. However if you travel there after quitting your job (say), then get married and apply for AOS, they may conclude that you intended to stay from the beginning and your AOS may be denied.

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How long to get a green card when marrying a US citizen

How long to get a green card when marrying a US citizen

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