Legal Question in Immigration Law in California

my question is that i came to U.S in the end of 2006 and i was engaged that time but i did not start my fiance's paper work because one i was not 18 that time and second i only had green card. i will be getting my citizenship in a month or two. now i want to know if i can still start his paper work without going back to my country? or do i have to go there?


Asked on 5/31/11, 3:23 pm

1 Answer from Attorneys
Seeta Nangia Law Offices of Seeta Nangia

If you are filing for a fiance visa, you will need to file the petition at a U.S. Consulate abroad. Are you now married? If you are married, where you need to file your fiance's paperwork will depend on where he is currently living and how he entered the country. If he entered the country with a visa and has not left since entering, he can adjust his status while staying in the U.S. If he entered the country without inspection (without a visa), he will have to file for an immigrant visa at a U.S. Consulate abroad with a waiver for unlawful presence- unless he is 245i eligible. As you can see, more information about your significant other is needed before being able to advise you correctly and competently. Please feel free to contact me to discuss this matter further.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

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Answered on 5/31/11, 3:50 pm


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