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Question
Dear Ajay, good evening!

I am Brazilian and currently living in the USA under L1A visa. My employer is already processing my green card paperwork, however I'm planning to get married (my girlfriend is Russian and currently living in Moscow).

What should be the best option, bring her to the US under non-immigrant visa marry her here and then apply for adjustment of status, marry her beforehand and apply for L2 visa or wait until my green card is granted?

Thank You Very much
Jason

Answer
Hi,

It appears that your girlfriend does not have a visitor or other visa to enter the U.S.

Thus, you should marry your girlfriend outside the U.S. (as you cannot directly sponsor a fiancee unless you are a U.S. citizen) and then your wife will apply for L2 visa stamp at a U.S. Consulate in Russia.

Incidentally, if you marry after you become a permanent resident, you must sponsor your wife in the F2A category: www.h1b1.com/sponsor.htm and this process can easily take about 3 years or more. However, if you marry anytime prior to becoming a permanent resident, your wife will be included automatically in the green card process; you will not be required to file a separate immigrant petition for her.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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