Marry in or out of the USA?

UPDATED: Oct 1, 2022

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Marry in or out of the USA?

I went to the U.S. and graduated college and stayed about a year after college with my OPT. Since the OPT was terminating I left the country and moved back to Brazil. I am still dating an American and she finishes school in May. We plan on living in the U.S. I am wondering what would be the best course of action to get married to apply for a green card? I also have Italian citizenship, so I can stay in the country with her. So would it be to get married in the U.S. or in Brazil? And how much would you charge to handle all the green card process?

Asked on November 27, 2017 under Immigration Law, South Carolina


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

where you get married does not really  matter but i would probably advise that either she file a fiance visa on your beahlf and then you enter the US on that visa and get married or you get married and then she petitions for you as her spouse.  even if you use your italian citizenship to enter the US, you can only do that for 3 months on the visa waiver and that is not enough time to get a green card so you would still need to start the process of applying for adjustment of status but then it may be seen as preexisting intent to immigrate while entering the us on a visitor/nonimmigrant basis.

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