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Posted

my girlfriend has a 10 year visa to usa which is good for tourist in business. We want to live in USA now. Is it a lengthy process if we married in USA to convert to green card in order to get a work permit? or can she get work permit without green card? If we marry wondering as well if she would be able to travel outside of usa while the process in order. Thank you

Jeff

Posted

Don't know the full legal basis for getting a "work permit," actually "employment authorized" on her form I-94, but you'll not make the U.S. Immigration folks very happy by applying for "Adjustment of Status" while there on a tourist visit.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2da73a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=2da73a4107083210VgnVCM100000082ca60aRCRD

While not illegal, it's just frowned upon, but allowed, even tho it violates the terms of the visa, or at least the intent for which it was authorized by the Consulate here, which was travel to the U.S. for a TEMPORARY stay, then departure.

Note that if you or her tell the interviewing U.S. Immigration officer of your plan when you arrive at port of entry, she'd be liable to be blocked for entry and sent back to the U.S.

All that being said, I know several folks who have gone this route successfully.

Mac

Posted

I completely agree with Mac. The down side in all of this is on her. If the marriage or the "Adjustment of Status" don't go according to plans, then she pretty much just kiss her 10 year-tourist visa good-bye.

As part of the "Adjustment of Status" and immigrant visa, you two need to provide "evidence of relationship" among other things. I strongly recommend that you take a look at the applications and see what are the required supporting documents in order to get her the "Adjustment of Status" and more importantly, an immigrant visa. The normal process takes about six months from the time you file a petition to her getting a green card. It usually takes much longer when you don't have all the required documents (such as police reports) that the US Immigration asked for.

I reside in Thailand and recently file a petition for my wife with the US Embassy on 27 April 2011. Just yesterday, we received a letter from the US Immigration that approved my petition. We have all the required documentations except for a police report. As I understand it, it takes about a month to get the report. The medical report took one day for my wife. Typically, it takes another two months before getting an appointment for an interview with the US Embassy. After that, an immigrant visa is issued withing one week.

Anyway, best wishes.

PS: She would not be allowed to work under a tourist visa. In her case, before she is allowed to work, she needs to be a permanent resident status with a tax ID or a social security number.

Posted

I completely agree with Mac. The down side in all of this is on her. If the marriage or the "Adjustment of Status" don't go according to plans, then she pretty much just kiss her 10 year-tourist visa good-bye.

As part of the "Adjustment of Status" and immigrant visa, you two need to provide "evidence of relationship" among other things. I strongly recommend that you take a look at the applications and see what are the required supporting documents in order to get her the "Adjustment of Status" and more importantly, an immigrant visa. The normal process takes about six months from the time you file a petition to her getting a green card. It usually takes much longer when you don't have all the required documents (such as police reports) that the US Immigration asked for.

I reside in Thailand and recently file a petition for my wife with the US Embassy on 27 April 2011. Just yesterday, we received a letter from the US Immigration that approved my petition. We have all the required documentations except for a police report. As I understand it, it takes about a month to get the report. The medical report took one day for my wife. Typically, it takes another two months before getting an appointment for an interview with the US Embassy. After that, an immigrant visa is issued withing one week.

Anyway, best wishes.

PS: She would not be allowed to work under a tourist visa. In her case, before she is allowed to work, she needs to be a permanent resident status with a tax ID or a social security number.

thank you all for taking the time to respond. It seems complicated and I surely would not to mess up her current visa. Maybe just best to hire attorney to sort this out. Thanks again

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