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.
1 Answer from Attorneys
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.