Legal Question in Immigration Law in Connecticut

Fiancee Visa

I have read that applying for fiancee visas "both parties must be free to marry".

Im in the process of a divorce, when can I start the application work for my fiancee to come here from Australia?? Do I have to wait to start application work after the divorce is final? And how long usually, does it take from beginning to end of application for a fiancee visa to be set into place? If a fiancee visa is not obtained and he comes here on a visitors visa and we marry, will he have to go back to Australia or will his stay be legal with appropriate papers filled out with the INS (form I-130) after the marriage occurs?

Thank you for your time..Its much appreciated.


Asked on 8/31/99, 5:11 am

1 Answer from Attorneys
Matthew Bernstein Law Office of Chicago Kent College of Law

Re: Fiancee Visa

Your first question is simple. You must have the final order from the judge granting you a divorce before you apply.

Processing times vary, but 90 days is a good rough estimate of the time it takes from filing to visa issuance.

Your third question is a bit tricky, because in order to obtain a visitor's visa, an individual has to prove that he has a "non-immigrant" intent. Your fiance clearly has the intention to immigrate.

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Answered on 9/01/99, 8:18 am


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