Immigration Site

Ive recently become a citizen and Ive been seeing someone who is in the country on a tourist visa. We are considering marriage, but I am not clear what my options are. It seems we can 1. marry in the U.S. and apply for her GC based on this marriage, 2. get married in the home country and apply for GC based on that, 3. apply for a fiance visa for her after she gets back to her home country.

I need some advice on which route to chose. In particular, how long each one takes and what are the costs involved? Also, what are the potential pitfalls for each?

Our goal is to get her a permanent legal status in the U.S. and work permit ASAP.

Well, if she came here as tourist she had to declare that she was not an intending immigrant so marrying and then immediately filing for adjustment is problematic at best.

You and she could marry now, file an I-130 immediately, then you could file an I-129F for a K-3, spouse visa then she could go aboad to get it and return. Ther is no fee for the I-129F if filed based on an I-130 filed by the same USC petitioner. Then she could file for adjustment when the I-130 is approved.

Ther may be other possibilities...

You could go abroad and marry and file the I-130 abroad and wait for the visa processing either together or her alone.

Well, if she came here as tourist she had to declare that she was not an intending immigrant so marrying and then immediately filing for adjustment is problematic at best. Good point.

You and she could marry now, file an I-130 immediately, then you could file an I-129F for a K-3, spouse visa then she could go aboad to get it and return. Ther is no fee for the I-129F if filed based on an I-130 filed by the same USC petitioner. Then she could file for adjustment when the I-130 is approved. Forgive me, I am a little lost in terminology here. If we get married in the U.S. and file an I-130 isnt that an intent to immigrate while she is still on a tourist visa?

Also, whats the timeframe for this route? At what point of I-130 processing can I-129F K-3 be filed and how long do they take before approval under this circumstances?

Did you both know each other before the entered the US?

Our goal is to get her a permanent legal status in the U.S. and work permit ASAP.