Legal Question in Immigration Law in Massachusetts
I am a graduate student and 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 she did not want to finish her program. She also possesses a travelers visa from when she was visiting schools in the US. My question is what is the best way for us to get married?
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. Could we convert the travelers visa to a fiance? Should we convert her travelers visa to a K3 (I've heard this is not a favored option).
Thanks very much, I am feeling a little overwhelmed.
3 Answers from Attorneys
It isn't clear from your situation if she is still in the U.S. or has returned to Korea. You also don't mention your status in the US. Are you an F-1 student or are you a permanent resident or U.S. Citizen? Both of those questions must be known before being able to help you. If you are a US citizen and she is still in the U.S. you MAY be able to get married without her having to leave. It can be tricky and a little risky. But if you have an experienced immigration attorney helping you, you should be fine. But realize that a careful review of your background is necessary before properly advising you. Please get the help you need. This is an important step in your lives. I would be happy to meet with you or discuss your circumstances over the phone. Please feel free to contact our office at (860) 524-5141.
If you are a US citizen and she is currently in the United States, you can get married and apply for her Green Card through a process known as "adjustment of status". There is nothing "tricky or ricky" about getting married while both spouses are legally in the USA, and both spouses are single and able to enter into a legal marriage. All applications are filed by mail to Chicago office (doesn't matter where in the USA you reside). Both of you will be called for an interview at your local office in a few months, and if she approved, she'll get a conditional green card valid for 2 years in a few weeks after the interview.
P.S. There is no conversion of visitor's visa to fiance or K-3. Any visa has to be applied separately, if needed.
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It depends on where she is -- in the U.S. or abroad in South Korea.
You may find a relevant article from me here that may be helpful to read over:
http://www.msclaw.com/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=3&cntnt01returnid=71
General information on the adjustment of status process is found here:
http://www.msclaw.com/Green_Card_for_Spouse.html