Legal Question in Immigration Law in California

Hello,
My name is jay and i am a US Citizen .My fianc� lives in India and hold a indian passport...we are planning our wedding in FIJI in a beautiful resort..and after marriage we are staying there for couple months..we both are going to be tourist there ..and you can legally register a marriage in Fiji which is also legal here in states...my question is that Can i apply for petetion for alien spouse in Fiji at US consulate???
Or is there any way to apply for k3 visa while living there in FIJI..our motive is to live together while all these petetion being processed...if yes then what kind of documents we need?i am for an attorney who can help us in all those things..thanks

Asked on 1/27/16, 5:46 pm

4 Answers from Attorneys

Andrew Harrell W. Andrew Harrell, Attorney at Law

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You can file an I-130 that will permit consular processing of your spouse. Since your spouse will only be a visitor to Fiji, a U.S. embassy/consulate in India will have jurisdiction. Whether or not you are a resident of the U.S. at the time you petition can be an issue. The I-130 and supporting documents should be filed in the U.S. There isn't anything stopping you once a petition is filed to live with your spouse in Fiji or anywhere else, including the U.S.--assuming the USCIS will admit your spouse as a visitor--notwithstanding her permanent resident intent. The expectation is that once permanent residency is granted, your spouse will reside in the U.S. You should get a lawyer to assist you with drafting and submitting the petition.

Answered on 1/27/16, 5:58 pm

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Marlene Hemmings Marlene Hemmings, Attorney at Law

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I cannot advise you on registering your marriage in Fiji, however, you cannot petition your spouse there. If s/he is Indian, s/he must Consular Process through the U.S. Consulate in India. A K-3 visa is probably not going to work, since the I-130 petition might be approved before or contemporaneously with the K-3 petition, in which case, a K-3 petition will be denied. You should think about obtaining representation by an experienced immigration attorney for this type of case. Good luck!

Answered on 1/27/16, 5:58 pm

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Jay,

Congratulations on your wedding plans! You might try to file for a K-1 Visa before getting married, have your fiance enter the US briefly after approved, get married in Fiji within 90 days, and then adjust her status from Fiji while you are there. Prepare the package -almost- completely before getting married, and I don't see how your legal counsel can't handle your petition while you're away. Be advised that her Green Card will be limited, and that you'll need ample proof that your marriage is bonafide (real), and not for immigration purposes only.

Best of luck.

You can visit our website at www.USAMigra.com for additional information on immigration law. Our telephone number is 303-993-1973 and our email is [email protected]. Thank you.

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Answered on 1/27/16, 6:56 pm

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