Legal Question in Immigration Law in California

It depends on where the citizen of El Salvador currently resides and if they have any prior history with US immigration.

One way to bring someone to the US is the K-1 fiancee visa. Comprehensive information can be found here:

http://www.msclaw.com/U_S_Fianc_e_Visa.html

If a foreign spouse is already in USA, it depends on how did they come to USA (on a visa or without a visa), how long have they been living here in USA, what is their current status in USA, etc.

He may be eligible for adjustment of status (application for a green card without having to leave the country), or may have to go back to El Salvador and apply for an immigrant visa at the US Consulate.

Before you marry (if you are not married yet), you may want to schedule a telephone or in person consultation with a lawyer in order to review your legal options.

Web: http://www.law-visa-usa.com

Yes, the U.S. citizen can file for the spouse and if the spouse is in El Salvador, then he or she would wait there until a visa is issued. Sometimes the person would come on an immigrant visa, sometimes on a K-3 visa, whichever is faster. The K-3 is a nonimmigrant visa similar to a fiancee visa, but given after marriage and filing of the immigrant petition.

Assuming the Salvadoran spouse is already in El Salvador and no petition was filed yet, it would take about a year for the visa to be issued from the time of filing the petition. If there are admissibility issues that require a waiver, then the case would take longer as the waiver is filed at the Embassy after the interview.

For more information or representation, I would be happy to assist. Visit me at http://www.yardum-hunter.com, write to me at [email protected] or call me at 818 609 1953.

Best Regards,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization, A "Super Lawyer", 2004-2009, Los Angeles Magazine