Legal Question in Immigration Law in Nebraska

Re: Which is easier, marriage in US or outside

A national of Germany can come to the US without a visa for 3 months. When an alien comes in this status, he is making the representation that he is only coming for a visit. So if you immediately get married and file for a green card via adjustment of status,there is always the chance that the INS will find entry fraud and deny the adjustment. However, your husband would be eligible for a waiver of the fraud based upon extreme hardship to you.

You could also decide to marry after a couple of months in the U.S. & file for a green card thru adjustment of status. You shouldn't have any fraud problems. I don't know want state you are in. Depending on what INS district it is, your husband would get work authorization sometime within 90 days after filing.

You could also file a fiance petition for him at a Service Center which takes about a month to approve and about a month to process abroad. Then he would come to the US. You must marry within 90 days. It used to be quick to get work authorization that way because INS did it at the airport. But this is no longer the case. You have to make an application for work authorization which in many districts is a waste of time because they won't do it on the spot on the day you apply. After you marry, your husband could file for adjustment of status and obtain employment authorization within 90 days.

You can get married abroad. I wouldn't recommend it because there is more paperwork. (I certainly would not recommend getting married abroad and then coming her as a visitor either on a B2 or on the visa waiver. Your husband could have a big fraud problem). Under the legally correct way you have to file 2 separate petitions, an I-130 with the Service Center & a K3 petition with a Service Center which would allow him to come to the US to adjust status. If you don't file the K3 & wait for the adjudication of the I-130 and visa processing, that would take the longest, about a year.

If I can be of any further assistance to you, feel free to email me or call me. The best time to reach me is late afternoon or evening. I often work late on most evenings.

Carolyn Goldfarb

Phone 212-807-0820

Fax 212-807-0920