when love hits a brick wall (immigration)

[falana]

What is the name of your state? California

My fiance and I are planning on getting married in his country in Sept. We originally were going to file a K3 petition but we're finding mixed info on the web on whether he can come back to the U.S. with me (citizen) while waiting for approval and his visa.

He's currently has a B2 visa (6mo/10year) and is visiting me next month. Are there any advantages (shorter processing times, living together while waiting for approval,etc) of marrying in the U.S. vs marrying abroad? Does he need a K1 visa to get married in the U.S.?

We're both going back to his country in July to finalize wedding plans. We're now debating which is more beneficial for our future - to do a court wedding in U.S. to expedite paperwork and then go ahead with our wedding ceremony there or just get married abroad and file for K3 when we get back.

Ultimatley when we're married we do not want to spend time away from each other.
Thanks for your time.What is the name of your state?

 

[ImmigAttyLana]

If you start the process for the I-130 or K-3, most likely he will not be permitted to travel to the US while those are pending as he will be presumed to have immigrant intent.

 

[falana]

If you start the process for the I-130 or K-3, most likely he will not be permitted to travel to the US while those are pending as he will be presumed to have immigrant intent.

Well, I wouldn't start the process as he is not yet my husband...

My question was more directed towards which route should we take? Get married in the U.S. first - and does he need a K1 visa? OR Get married as planned in his country in September and file K3 when we return? AND Can he return to the U.S. with his current tourist visa after we are married abroad and live here while waiting for approval of the petition and issuance of his visa? ALSO can he travel in and out of the country in the interim?

Thanks!

 

[ImmigAttyLana]

The second part of your question is exactly what I had already answered. As to what route you should take depends on whether you want to get married in the US or abroad as the fiance visa is only available if you plan to be married in the US. As for the processing times, they will be about the same whether you choose the K-1 or the I-130/K-3 path.

 

[falana]

The second part of your question is exactly what I had already answered. As to what route you should take depends on whether you want to get married in the US or abroad as the fiance visa is only available if you plan to be married in the US. As for the processing times, they will be about the same whether you choose the K-1 or the I-130/K-3 path.

Thanks again for replying Lana.

Does he need a K1 visa to get married in CA? He's coming for a visit in June and we're going back to his country mid July. Can we go to a courthouse during this time and get married in U.S. before getting married in September in his country?

Also, I don't know if this is proper, but I'm looking for an attorney and I noticed you practice in CA

 

[ImmigAttyLana]

He does not need to have any special visa to come to the US and get married if he is not intending to then simply remain in the US. However, he may not be able to just get married in California if he is not able to satisfy the requirements for eligibility for marriage in the US. For that you'd need to contact the local office to determine what the residency requirements, if any, are.

I am located in California and often assist clients nationwide with their immigration matters and many of them from this forum so I would be very glad to be of assistance to you, if you like. Please feel free to contact me directly if you wish to discuss this in greater detail.

 

[evcalyptos]

What is the name of your state? California

My fiance and I are planning on getting married in his country in Sept. We originally were going to file a K3 petition but we're finding mixed info on the web on whether he can come back to the U.S. with me (citizen) while waiting for approval and his visa.

He's currently has a B2 visa (6mo/10year) and is visiting me next month. Are there any advantages (shorter processing times, living together while waiting for approval,etc) of marrying in the U.S. vs marrying abroad? Does he need a K1 visa to get married in the U.S.?

We're both going back to his country in July to finalize wedding plans. We're now debating which is more beneficial for our future - to do a court wedding in U.S. to expedite paperwork and then go ahead with our wedding ceremony there or just get married abroad and file for K3 when we get back.

Ultimatley when we're married we do not want to spend time away from each other.

Ultimately, you're going to have a separation after marriage.
The only alternative to avoiding this is to stay unmarried, petition and apply for a K-1 fiance visa, and get married in the 90 days after he comes to the US with the K-1.

If you choose a spouse-based option (IV or K-3) you can't start anything until you have the marriage certificate.
If you choose a K-1, you can petition immediately if you're both free to marry.

He can't come and live in the US until he's got a visa designed for that purpose. The marriage-based visas (K-1, K-3, IV) are all taking --about-- 6-9 months from start to finish. Your mileage may vary.