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Immigration Issues/Marriage to a Foreign National


Hi Ajay.
I'm US citizen. I'm planning to marry a foreign national (Russian). She is planning to come here for 2-3 weeks on the visitor's visa. She would have to go back to Russia for a couple of months to settle her affairs.
If we get married during those 2 weeks, while she is visiting me in the US, will she have any problems going back to Russia and return to the States in 2 months after?
Do we have to apply for status adjustment before she goes to Russia or when she comes back to US?
When my wife comes back to the USA in 2 months can she use her visitor's visa to enter this country or does she have to apply for a different type of visa?
Thank you for your help.

Dear Igor;
If your fiancee has a multiple entry visa, she may travel and come back w/in 2 months and you may, there after, pursue the marriage case. You may also, get married and pursue the marriage case now when she is in visa status, and file for work permit and advance parole consecutively with adjustment of status which may be processed w/in 60/90 days and she can travel without hassle.

However, please note that if she has to seek visa to re-enter and you get married now she may not be able to get the visa but would need to process the Immigrant Visa case with at the consulate level with you filing an Immigrant Visa Petition (I-130).  

I would recommend you to seek proper professional help for proper processing of the matter without problems.  You may hire our offices for the services if you so desire.  

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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