Page 3 of 5 FirstFirst 1 2 3 4 5 LastLast
Results 21 to 30 of 44
  1. #21
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can a Permanent Resident Marry a Tourist

    After 3 years you will be deemed to have abandoned it.

  2. #22
    Join Date
    Oct 2013
    Posts
    101

    Default Re: Can a Permanent Resident Marry a Tourist

    Quote Quoting Flamengofly
    View Post
    Only question - how to safe my green card ? it is still good for 3 more years ?!
    This is what the USCIS says...
    http://www.uscis.gov/portal/site/usc...00082ca60aRCRD
    Does travel outside the United States affect my permanent resident status?


    Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status.* A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence.* While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.
    What if my trip abroad will last longer than 1 year?
If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad.* Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States.* For more information, see the “Travel Documents” link to the left under “Green Card Processes & Procedures.”*

    If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam.**There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders.**For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas at www.travel.state.gov.* This information is listed under its Visa section for immigrants.
    Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization.* If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” under the Naturalization section of this website.

  3. #23
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can a Permanent Resident Marry a Tourist

    Disagreeable, you are just plain freaking wrong on this one. My first answer was the researched and CORRECT one. All that was added specifics of Boston (I answered the question about Massachusetts laws in general). If the fiancé enters the country legally, there is no adverse implication to either one if they marry. Once he's married to a permanent resident, it is straight forward to change the status. As stated about the only thing that doesn't happen is that a permanent resident doesn't get the option of getting a fiancé visa. The fiancé will have to find his way into the county another way.

  4. #24
    Join Date
    Oct 2013
    Posts
    10

    Default Re: Can a Permanent Resident Marry a Tourist

    Yes, i was thinking about the passport but it will takes very long time for apply + process , and in the total will be about 10 month +, plus it is extra costs...ok, i will ask the an immigration attorney. Thank you .

  5. #25
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can a Permanent Resident Marry a Tourist

    Sure he can marry in the US. I never disputed that. It is not straight forward to change status. Since you seen to think it is, perhaps you would like to show us the laws pertaining to violating the terms of a visitor visa and future adjustment of status you feel supports your contention. Please note, you will also want to provide the enforcement letter regarding it. I won't hold my breath while you seek it. There are ways it is done, the people who claim it so straight forward can never seem to find the laws that clarify what separates those permitted to adjust and those not. By all means exercise your great wisdom and show OP and the rest of us how it will be an easy transition.


    Quote Quoting flyingron
    View Post
    Disagreeable, you are just plain freaking wrong on this one. My first answer was the researched and CORRECT one. All that was added specifics of Boston (I answered the question about Massachusetts laws in general). If the fiancé enters the country legally, there is no adverse implication to either one if they marry. Once he's married to a permanent resident, it is straight forward to change the status. As stated about the only thing that doesn't happen is that a permanent resident doesn't get the option of getting a fiancé visa. The fiancé will have to find his way into the county another way.

  6. #26
    Join Date
    Oct 2013
    Posts
    101

    Default Re: Can a Permanent Resident Marry a Tourist

    Quote Quoting Flamengofly
    View Post
    Yes, i was thinking about the passport but it will takes very long time for apply + process , and in the total will be about 10 month +, plus it is extra costs...ok, i will ask the an immigration attorney. Thank you .
    Flamengofly, I'm not sure to whom you're replying but suspect it is me. If not, my apologies. I did not say passport. I said consider becoming a naturalized citizen of the US. If here legally for 10 years then you've likely met the requirement for application.

    That said and since you bring it up, you will still need a valid passport to enter Portugal no matter what your citizenship. I believe that would be issued by your native country where you are a citizen.

  7. #27
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can a Permanent Resident Marry a Tourist

    The reality is that (once again), getting married while on a tourist visa and then adjusting status DOES NOT equate to marital fraud.

    It. Does. Not.

  8. #28
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can a Permanent Resident Marry a Tourist

    Getting married certainly doesn't. I guess regarding adjustment, Nolo, a nationally recognized law source, is not a credible source,in comparison to the few "Because I said so's" here, even though they, like myself are aware of the actual laws. I suggest you all collaborate and write a book explaining how legal it is, in comparison to the those of us aware of the laws.

    Quote Quoting Dogmatique
    View Post
    The reality is that (once again), getting married while on a tourist visa and then adjusting status DOES NOT equate to marital fraud.

    It. Does. Not.

  9. #29
    Join Date
    Oct 2013
    Posts
    10

    Default Re: Can a Permanent Resident Marry a Tourist

    Thank you everybody for your attention and huge help...i am more than satisfy ! Good evening for all ;-)

  10. #30
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can a Permanent Resident Marry a Tourist

    Quote Quoting Disagreeable
    View Post
    Getting married certainly doesn't. I guess regarding adjustment, Nolo, a nationally recognized law source, is not a credible source,in comparison to the few "Because I said so's" here, even though they, like myself are aware of the actual laws. I suggest you all collaborate and write a book explaining how legal it is, in comparison to the those of us aware of the laws.



    The reality is:

    1. Getting married whilst on a tourist visa DOES NOT in and of itself constitute marital fraud EVEN IF the tourist attempts to adjust status afterwards. Think about it. Think long and hard. There are plenty of non-residents who enter on a tourist visa, then get married, and successfully adjust their status based upon that marriage.

    I can give you a clue as to why, if you want. "Intent".

    2. It's completely moot at this point; OP is NOT asking about permanent residency. Read it again.

    - - - Updated - - -

    And seriously, I've forgotten more immigration law than you'll ever dream of learning in this lifetime.


    1. Sponsored Links
       

Page 3 of 5 FirstFirst 1 2 3 4 5 LastLast

Similar Threads

  1. Marriage: Immigration and Entry on a Tourist Visa After Marrying a Permanent Resident
    By jlow in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 07-07-2011, 07:27 AM
  2. Marriage: AOS for Spouse of Permanent Resident On a Tourist Visa
    By Resident Alien US Soldier in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 12-22-2009, 10:56 AM
  3. Tourist Visa Overstayed Married to Permanent Resident
    By rocco48 in forum Immigration Issues
    Replies: 2
    Last Post: 10-09-2009, 02:12 PM
  4. Removal (Deportation) and Reentry: Citizen Wants to Marry Her Permanent Resident Boyfriend Before He's Deported
    By mrsnewman in forum Immigration Issues
    Replies: 1
    Last Post: 04-01-2009, 08:40 PM
  5. Marriage: Permanent resident and trying to marry
    By jrx in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 12-03-2006, 11:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources