What is the next process

[danmarnj]

My fiance is in the US on a 90 visa. What form needs to be prepared to get her permanent residency? The marriage is scheduled during the final 30 days of the current visa. Will that give her enough time to send in the paper work and get permanent residency?

[beachproperty]

You need to see a US immigration attorney....Permenant residancy is not as easy as just filing another form.

Not an expert on the subject ....but when I married my prior wife (who was on tourist visa to the USA) ...had to file for permanent residency based on the visa waiver program for her to stay. THEN go through the immigration process which included a year later an interview with immigration as to "if we were really married" before she got her "green card". She may have to go home while immigration reviews the file......

Just my experience about 15 years ago....things may have changed....Again...best to see a US immigration attorney.

Edited September 17, 2015 by beachproperty

[Thanyaburi Mac]

Sounds like you're talking about Adjustment of Status which can sometimes be a bit of a minefield.

If USCIS determines that this was your intent when you lady applied for the tourist visa, she'll be rejected.

However, if they decide that the idea came up after she arrived in the U.S., it'll probably be a go.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status

Oh, hold on. Did she come in on a Fiancee Visa, a K-1? If so, no problem, just forge ahead.

Check a coupe of the guides on this really good www site:

http://www.visajourney.com/content/guides

Mac

[danmarnj]

It took one full year for her to get approval from Homeland Security and. Shethen interview at the US Embassy on Wireless rd. She was then approved a 90 day fiance visa. The visa will expire only a few weeks after we marry. I'm concerned that she may have to return to Thailand.

[beachproperty]

As provided from the link given by Thanyaburi Mac

After the K-1 Fiance Visa is Approved:

Upon entering the US on a K-1 Visa, the visa holder must get married to the original I-129F sponsor (for the K-1 Visa) within 90 days. If the marriage does not take place within 90 days or the K-1 Visa holder marries someone other than the original US Citizen who petitioned for them, the K-1 Visa holder will be required to leave the United States. Until the marriage takes place, the K-1 visa holder is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A K-1 Visa holder can not obtain an extension of the 90-day time limit.

If the K-1 Visa holder intends to live and work permanently in the United States they should apply to become a permanent resident after the marriage. Please note, K-1 Visa holder will receive a "green card" and conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time the Adjustment of Status application is processed.

Note: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)

As your fiance intends to live in the US after you marry ...She needs to apply to become a permanent resident....See the above for what you need to file...AGAIN...may be best to see an immigration attorney to assist you....check google for immigration assistance in your area.

Edited September 17, 2015 by beachproperty

[danmarnj]

Thanks for the advice. Much appreciated

[AaronLV]

It took one full year for her to get approval from Homeland Security and. Shethen interview at the US Embassy on Wireless rd. She was then approved a 90 day fiance visa. The visa will expire only a few weeks after we marry. I'm concerned that she may have to return to Thailand.

You don't need an immigration attorney, don't waste your time. 90% of the paperwork for adjustment of status is copied from the paperwork you submitted for the K-1. As was pointed out above check out visajourney for a complete step-by-step guide to filing for AOS. Normally takes about 4 to 6 months, you will have an interview at your local USCIS office

Once you file and receive back the NOA1 from USCIS that you are pending review her status is still legal in the US. There is no need to worry about that.

I suggest getting the paperwork filed prior to the 90 days being up, not a requirement, just easier and no questions with why you waited. It is really simple.