Legal Question in Immigration Law in New Jersey

US Citizen wants husband to come to the US

I am a US born Citizen currently in Nigeria with my husband.We were married in mid-December.I will like him to return with me back to the US soon.I have some knowledge of the K3 visa which will allow him to enter the US.I would like to know if I can submit all the documents (I-130 & I-129F) through the US Consulate here in Lagos, Nigeria.Or do I have to return to the US (which I am willing to do), start working,etc before submitted the forms/fees?Please note that I am divorced and had filed a petition (I-130) for my ex-husband where he didn't get the green card because I filed for a divorce late last year (2004) and was finalized December (2004).My permanent address is in Newark,NJ.I am only in Nigeria to be with my husband since he cannot come to the US freely.Again,I mainly would like to know if I can stay here and do all the necessary filings or must I return to the US to start any part of the process.I also intent to hire a law for the entire process,no matter where I must physically be to file the documents.Thank you for your time and response in advance.


Asked on 1/15/05, 6:48 am

2 Answers from Attorneys
Deborah Frankel Deborah Frankel

Re: US Citizen wants husband to come to the US

You do not have to return to the US.

You should discuss with the consular

officials in Nigeria whether they would adjudicate the I-130 petition there.

If not, they will send it to the US. If not, you can file it from Nigeria to the US without dealing with the consular officials and then follow with a K-3 petition if necessary.

You should consult with and retain a US

immigration lawyer who can process the case for you.

Please contact myself or my immigration law colleague, Attorney Allen Kaye, if we can be of further assistance to you.

His contact details are: Law Offices of Allen E. Kaye, P.C.

111 Broadway, 13th Floor

New York, New York 10006

Phone: 212-964-5858 Fax: 212-608-3734

Cell Phone: 917-699-7159

Email: [email protected]

Read more
Answered on 1/18/05, 7:10 am
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: US Citizen wants husband to come to the US

Dear Maam,

I would have several questions for you before I could advise you on filing. The paperwork should be filed here in the US although your husband will be able to get his green card in his home country assuming all the paperwork goes through smoothly. Also, there will be concerns about your filing the affidavit of support if you have not lived and/or worked in the U.S. Please feel free to call me at (732) 985-1310 to discuss your case further.

Sincerely,

Sameer Kumar

Read more
Answered on 1/17/05, 12:04 pm


Related Questions & Answers

More Immigration Law questions and answers in New Jersey