Legal Question in Immigration Law in California

Re: Getting Married In Another Country

Dear Inquirer:

Since you have decided to get married in Fiji, then you will have to file an Immigrant Visa Petition (I-130) for her and either file a K-3 Visa Petition once you receive an acknowledgement from USCIS that the I-130 has been filed; or (2) wait for the I-130 to be approved and apply for her immigrant visa at the US Embassy in Fiji. In some countries, you may file the I-130 directly with the Embassy, however, this is generally only available if the petitioner is residing in the foreign country at the time of filing.

Please visit our website at www.hanlonlawgroup.com for more information or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Re: Getting Married In Another Country

You need to reside in Fiji to file the I-130 petition there after marriage. Depending on the policy at the U.S. Embassy in Fiji, that might be quickest. If that's not possible then you could file for her as your fiancee and marry and file for the green card here. Both these options would keep you together after marriage. You could also marry her there and file from here, but is slower than the first option, while still resulting in the green card faster than the second option, and not great as you'd be separated at the start of your marriage. Finally, there's also the option of marrying there, filing from here for the green card in conjunction with a petition as a nonimmigrant spouse of a U.S. citizen. That option involves two filings essentially for the same thing, but she'd arrive here on the one that's processed first - that's based on processing times.

This is somewhat confusing stuff. So I welcome your contact. I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

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Re: Getting Married In Another Country

Three options: petition her now as a fiancee, then bring her here and marry here (K-1) and file for her adjustment of status to lawful permanent residence (green card holder); or petition her here as a fiancee then marry her there and bring her here as a "fiancee" (K-3, she enters as a "fiancee" then adjusts status here, which is probably a little faster than option 3); or, marry her there and apply for her immigrant visa (she becomes a lawful permanent resident upon entry, probably a little slower than 2 but you skip a step).

Re: Getting Married In Another Country

After you get married, you can either petition your wife while she stays oversea or you can petition her while she is in the US if she meets the requirement. Normally, the latter is faster.

Please contact our office for further discussion or email me at [email protected].

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: Getting Married In Another Country

Similar to the comments of all the others, but one thing is to be added. You said that, "She 'leaves' there right now." Did you mean by that she 'lives' there in Fiji? If so, there is another requirement before we talk about visas--you have to meet with her for at least once in the two years prior to your filing an application for her as either a fiancee or wife.

Obviously you are interested in her enough, since you are willing to go to her. Since that is the case, I would advise the option of K-1/K-3 visa application: become engaged to her, marry her, file for her as a fiance with a non-immigrant K-1 visa at the consulate in Fiji along with a petition for her to come in with advance parole, marry her, bring her in with the K-1 visa (even though married), and then file for the adjustment of status to a K-3 visa.

As other attorneys have said, that will be a shorter time span, and it will be possible to remain together.

If you have any desire to speak with an attorney about this situation whose fees are extremely reasonable, you may contact me at [email protected]

Re: Getting Married In Another Country

You really should consult an Immigration Attorney. Please send me an email if in Southern California with your contact information and we can discuss your particular facts. There is no fee for consultation.

Re: Getting Married In Another Country

You have a few options. She could obtain a k-3 visa as your wife, or a k-1 visa as your fiancee. Or, you can sponsor her after marriage and skip the K visa process. Each option has different time frames and requirements, please call me to discuss details and if you need help in preparing the paperwork. Hope everything works out for the best.