Legal Question in Immigration Law in California
want to get married in usa
hi,
I am on an H1 and my fiancee on EAD (last stage of Greencard). we want to get married in the USA. His company is very well known and we want my parents to be sponsered by him (papers to be sent from his company). His parents will not be attending the wedding and have not been sponsered . Is it possible to get my parents a visa through my fiancee? Do we need legal help?
4 Answers from Attorneys
Re: want to get married in usa
I am not sure if I understood your question. If you meant for your parents just to visit the US for your wedding, then your parents must go to US Embassy in their country and file an application. If however, you meant for your parents to emigrate to US, then it will be impossible based on your fiancee's petition. You do not need a lawyer as there is no one that can help you under these circumstances.
Re: want to get married in usa
Since your fiancee doest not have his green card he can not provide affidavit of support necessary to get tourist visa for your parents. Try to find a relative or friend who is LPR or citizen to provide the affidavit fo support.
Re: want to get married in usa
If you want a visitor's visa for your parents, a lawyer could help them put together a petition with a better chance of being approved. If you want permanent residence for your parents, it will not be possible at this point either through your sponsorship or that of your future spouse.
Re: want to get married in usa
Thank you for your inquiry.
I believe you are asking if your parents may be sponsored through your fiance for green cards. Once you are married you will be eligible for a green card (assuming your fiance receives his green card). You must (1) apply for and receive your green card and then (2) apply for and be naturalized as a USC. At that point, you would be able to sponsor your parents as immediate relatives. Your parents would not be eligible to immigrate to the U.S. through your fiance either before or after you are married.
If you are inquiring as to a visitor visa (B-2) for your parents, this is done through the Consulate in their home country. This visa would serve to allow them to enter the U.S. to attend your wedding, etc.
Hopefully this answers your questions. Please feel free to contact me directly if I may be of further assistance at 619.233.0900.
Sincerely,