Legal Question in Immigration Law in Massachusetts

Here is my second attempt at a question, with a little refinement:

I am a graduate student and US citizen. I am engaged to a wonderful South Korean woman. We are planning on marrying in May. She was on an F-1 visa until this last month; she decided to not finish her program and has returned to Korea.

She possesses a valid traveler's visa from when she was visiting schools in the US. My question is what is the best way for us to get married and stay together after marriage?

1. We could get married in Korea and file for a K3, but I don't want to be apart for 4+ months

2. We could file for a K-1 and wait 4+ months, but we'd like to get married in May

3. She could return to the US with her traveler's visa and we could file our marriage after the ceremony in Korea.

Are there any other options? If she returns to the US with the traveler's visa and we file for marriage in the US, what are the risks/probabilities of complications given that we met while she was a student out here?

Thanks very much, I am feeling a little overwhelmed.


Asked on 3/21/10, 11:21 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Yes, there are some other options. Marriage in Korea and applying for an Immigrant Visa instead of K-3 non-immigrant visa. Any marriage-based visa will take about a year to process (it's not going to be 4 months wait).

As to your plan for her to return to USA on s visitor's visa, it should be discussed with an attorney off of the public forum, as there is a number of legal issues, including a problem with immigrant intent.

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

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Answered on 3/26/10, 11:36 am


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