Legal Question in Immigration Law in California

You'll want to apply for his K-3 spouse visa after you are married to him.

You may find comprehensive information on the process here:

http://www.msclaw.com/K_3_Spousal_Visa.html

Assuming you have the marriage certificate, proof of the relationship, and the other information required for an immigrant petition, you would file an I-130 petition with the USCIS at the Chicago Lockbox, as your immediate relative, husband. Visit the www.uscis.gov website to see the information needed for the I-130 form, and the instructions as to where to file it. Current processing times for this type of immediate relative petition is 5 months. Once approved, then it would be routed to the National Visa Center or directly to the Consulate in Turkey and you and/or your husband will be contacted for the interview date. That could be anywhere from 2-8 months.

Note, another option is not to get married in Turkey, but instead apply for a fiance visa in the U.S.(a K-1 visa), with the intention of you and your fiance getting married in the U.S. within 90 days after his arrival. This type of petition is filed with the CSC, and you must have the requisite documentation showing that you have an ongoing relationship and that you have met in person during the last two years. This process can also take anywhere from 6-12 months.

In any event, assuming you decide to still get married in Turkey, whether or not to apply for a K-3 visa would depend on how long the I-130 is taking to be processed and how long you will need to wait for a consular appointment.

We would be happy to assist you in this process; call 415-387-1364 or email [email protected]

You should not apply for K-3 visa as someone suggested.

The petition that you shall file when you come back to USA after the wedding is called Alien Relative Petition, Form I-130.

For a husband from Turkey it's better to apply directly for an Immigrant visa, rather than for a non-immigrant K-3 spousal visa.

Another option is NOT to marry in Turkey but just go there for a short visit. After that, come back to US and file the Fiance visa petition (you will need a proof that you met your fiance in person). It's advisable option for someone who does not know her future husband well and met only on internet. This way, you will have more legal protection and more time to see if this is a man you want to marry (since the wedding will be in USA).

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

Email: Attorney [@] law-visa-usa.com

If you are resident in Turkey, you could file an immigrant petition there, or otherwise, after marriage and return to the U.S., you'd file an immigrant petition in the U.S. Depending on timing, you might also file a K-3 petition which is a nonimmigrant type petition for spouses of U.S. citizens who have immigrant petitions filed already and which are helpful when immigrant processing takes longer. It's an added benefit, but not always useful, depending on current processing times. It takes about a year from the time of filing the immigrant petition until immigrant visa issuance. A way to be together sooner would be for your fiance to come to the U.S. before marriage and then marry here. That would be on a K-1 fiance visa. These take about six months.

For whatever visa category you file under, certain specific documents are necessary. If you require 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