Help needed for unmarried adult stepdaughter

[True Blue]

Haven't been around the site for a few months as I have been buried at work. Need some advice!

 

Facts:

- wife is US citizen and her unmarried adult daughter in China is now just 24 days away from an F1 visa slot. [F1 China line has moved forward VERY slowly recently, only 7 days in the past 4 months.]

- daughter is almost 34 years old, engaged and anxious to start a family (wants to have a baby before she gets "too old" and by Chinese standards she and future mother in law and her mother all think she is already "too old". Lol). She is also trying to line up a job in USA, but is not sure what to tell potential employers about vacation travel plans as she wants to get married ASAP.

 

Questions:

1. Assuming her visa slot date comes up in the next several months, is there any way she can get her Green Card while in China (e.g. Without actually coming to USA) so she can then get married in China as soon as she gets green card approval? Then come to USA?

 

2. If not, then she will need to come to USA to physically get her green card and credentials. Assuming this is the case, is it better (better being defined as faster for her future husband to be reunited with her) for her as new green card holder to (a) return to China to marry, (b) bring fiancée to USA to marry (he has a tourist visa so I am thinking that will be a huge problem), © bring him to USA on tourist visa and marry on a cruise or in Caribbean country outside USA. He would then return to China to his job to await his green card.

 

They don't care about big wedding, just whichever way can get him here fastest with his green card that won't create any issues or risks. They want to start trying to have a child as soon as they are married as she is concerned that age 34 (or later) is "old" by Chinese standards to have a healthy baby.

 

On a related question, when she finally gets here she might not have a job (or a full time job with benefits) right away. Any suggestions for medical health insurance policies I can buy that might also cover maternity costs? Would she be eligible for an Obama care subsidy? Not sure if she will be living with us or in another city with better job opportunities yet but she is too old for me to add to my work policy as a dependent.

 

As always, thanks for help and suggestions,

 

True Blue

[Randy W]

1. The green card is awarded/takes effect ONLY when she is processed at the POE. Until that occurs, she is NOT an LPR

 

2. An LPR is unable to file an I-129F for a fiance, so they will need to marry and file an I-130 Immediate Relative petition AFTER getting married. They can get married anywhere, at any time, as long as he returns to China to await processing of the I-130.

 

The Visa Bulletin for March 2018 shows 22MAR16 for spouse of LPR (category F2A, if I'm reading that correctly) - about a two year wait.

 

You might explore the possibility of her getting married AFTER she receives her visa, but BEFORE she leaves for the U.S., but I'm pretty sure that's a big no-no - that she would need to ARRIVE in the U.S. and be processed for her green card with her visa status as a single daughter of an American citizen still intact.

Edited March 5, 2018 by Randy W (see edit history)

[dnoblett]

You might explore the possibility of her getting married AFTER she receives her visa, but BEFORE she leaves for the U.S., but I'm pretty sure that's a big no-no - that she would need to ARRIVE in the U.S. and be processed for her green card with her visa status as a single daughter of an American citizen still intact.

 

I would not do that.

 

Here's a similar case. Couple married while in process for visa and eventually ran into problems when applying for citizenship.

 

http://www.nytimes.com/2008/04/12/us/12naturalize.html

 

Perhaps a short trip to Guam would be enough to get the green-card (Passport Endoursed) after getting visa, return to China to marry so can start the visa process for spouse of an LPR and then travel to the states.

 

http://www.visajourney.com/forums/topic/541529-can-guam-be-used-as-a-us-port-of-entry-please-help/

 

https://www.cbp.gov/contact/ports/gu

[True Blue]

1. The green card is awarded/takes effect ONLY when she is processed at the POE. Until that occurs, she is NOT an LPR

 

2. An LPR is unable to file an I-129F for a fiance, so they will need to marry and file an I-130 Immediate Relative petition AFTER getting married. They can get married anywhere, at any time, as long as he returns to China to await processing of the I-130.

 

The Visa Bulletin for March 2018 shows 22MAR16 for spouse of LPR (category F2A, if I'm reading that correctly) - about a two year wait.

 

You might explore the possibility of her getting married AFTER she receives her visa, but BEFORE she leaves for the U.S., but I'm pretty sure that's a big no-no - that she would need to ARRIVE in the U.S. and be processed for her green card with her visa status as a single daughter of an American citizen still intact.

Thanks Randy. I understand. So she must (1) physically enter USA and (2) then get her green card, (3) then marry.

 

So is there any problem with her fiance coming to USA on a tourist visa, marrying here and then having her newly married husband return to China to wait for his visa slot to open? For some reason I thought that was some sort of visa violation that would prevent him from later getting a green card after they apply for the F2A.

 

Also perhaps there is a possibility of bringing him here on the tourist visa and then sending them on a marriage/honeymoon cruise and having the captain marry them at sea - any problem with that if he is here on a tourist visa? From your comment above seems like there is no problem as long as he doesn;t stay in USA and returns to China to wait for his visa slot, correct?

 

True Blue

Edited March 5, 2018 by True Blue (see edit history)

[True Blue]

 

You might explore the possibility of her getting married AFTER she receives her visa, but BEFORE she leaves for the U.S., but I'm pretty sure that's a big no-no - that she would need to ARRIVE in the U.S. and be processed for her green card with her visa status as a single daughter of an American citizen still intact.

I would not do that.

 

Here's a similar case. Couple married while in process for visa and eventually ran into problems when applying for citizenship.

 

http://www.nytimes.com/2008/04/12/us/12naturalize.html

 

Perhaps a short trip to Guam would be enough to get the green-card (Passport Endoursed) after getting visa, return to China to marry so can start the visa process for spouse of an LPR and then travel to the states.

 

http://www.visajourney.com/forums/topic/541529-can-guam-be-used-as-a-us-port-of-entry-please-help/

 

https://www.cbp.gov/contact/ports/gu

 

 

Thanks Don, We don't want anything to go wrong or to have legal issues and run up legal fees so we will stick with the plan of having her come to USA first to get green card and then marry.

 

I hadn't thought about Guam. His parents have never been on an airplane and flying them to USA for wedding may be a bit much for a first trip. Then again, they (daughter and fiance) might marry in USA by having him come over with her on tourist VISA (he can help bring over some of her stuff). Then he can return to his job in China and later she can go back to China for a marriage dinner party with his parents and her relatives there.

 

Though my wife would be all for a trip to Guam as it is another place she has never visited and she loves any excuse to travel .

 

Thanks again!

 

True Blue

[Greg.D.]

Married at sea! What does that paperwork look like? How and where do you get copies of that marriage certificate?

 

People can pay cash to have a baby, everything is negotiable. As you point out, when and where can they do the marriage AND work on the baby? There is a long tradition of Chinese couples living apart so I think they can deal with that ... but, yeah, this is a tough one.

[dnoblett]

So is there any problem with her fiance coming to USA on a tourist visa, marrying here and then having her newly married husband return to China to wait for his visa slot to open? For some reason I thought that was some sort of visa violation that would prevent him from later getting a green card after they apply for the F2A.

 

Also perhaps there is a possibility of bringing him here on the tourist visa and then sending them on a marriage/honeymoon cruise and having the captain marry them at sea - any problem with that if he is here on a tourist visa? From your comment above seems like there is no problem as long as he doesn;t stay in USA and returns to China to wait for his visa slot, correct?

 

True Blue

 

This is not a problem as long as he could get a visit visa. Also could from time to time visit the states while the immigrant visa is in process using the visit visa. Visit visas tend to be valid for up to 10 years allowing multiple entries.

 

As for the "Love Boat" wedding, I think how that one works is to apply for a marriage license in your local jurisdiction and then while on the cruise they simply do the ceramony and captain acts as an oficiant makes it legal and once return home turn the license into the local clerks office and receive the marriage certificate.

[Randy W]

 

Thanks Randy. I understand. So she must (1) physically enter USA and (2) then get her green card, (3) then marry.

 

So is there any problem with her fiance coming to USA on a tourist visa, marrying here and then having her newly married husband return to China to wait for his visa slot to open? For some reason I thought that was some sort of visa violation that would prevent him from later getting a green card after they apply for the F2A.

 

Also perhaps there is a possibility of bringing him here on the tourist visa and then sending them on a marriage/honeymoon cruise and having the captain marry them at sea - any problem with that if he is here on a tourist visa? From your comment above seems like there is no problem as long as he doesn;t stay in USA and returns to China to wait for his visa slot, correct?

 

True Blue

 

 

 

Steps 1) and 2) are COMBINED - she becomes an LPR upon entry - she does not need to wait for the card to arrive.

 

You will want to make SURE that the green card fee is paid, however.

 

One problem on these forums is that the language tends to get distorted and repeated as if it were gospel, e.g. "Getting married while on a tourist visa is immigrations fraud". The truth is, that you can get married wherever and whenever you want, as long as you don't overstay and file for Adjustment of Status. Even that is occasionally overlooked, depending on the couple's perceived INTENTIONS when the intending immigrant was admitted into the U.S.

[dnoblett]

Correct, marriage in the USA is not fraud, its the use of a visit visa to immigrate that is the fraud.

 

Also in this case adjustment of status after a marriage is not an option, the adjustement of status requires an immigrant petition that would result in an imediate visa number, typically in the unlimited visa class such as in the case of a spouse of a US Citizen.

 

The only scenerio in where an adjustment of status may work would be this, they marry after getting green-card, she files an I-130 and he returns home to China without overstaying, and 2 years or so down the line he were to come here after the petition has been assigned a visa number and while visiting they decide on adjustment of status, in that case it's possible, but then again it is advisable to go through the normal interview process in Guangzhou for the immigrant visa.