Legal Question in Immigration Law in New York

i have a i-129f pention form to marry my alien fiance ...and i was just informed that there is two kinds on the same form ..
one is for the fiance to be brought from her country and then married here in the US
and the other is for the fiance to already be presently in the us illegally and then be married here.
i would rather not send her out of country being that she has not been there since the age of 6 and knows nothing of that country.but if there would be a difference in the process i would like to know because i want the transaction to go as smoothly as possible..

Asked on 3/15/11, 6:02 pm

2 Answers from Attorneys

Nicklaus Misiti Misiti Global, PLLC.

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I don't know who is giving you your advice but it's pretty bad. You cannot apply for a fiance visa while your spouse is in the US. Since your fiance apparently has been in the US illegally for over a year, as soon as she leaves she will be subject to a 10 year bar from returning. This means you can apply for the fiance visa but it will be denied unless you wait 10 years. There is a possible waiver but there is no guarantee it will be approved. If your fiance filed a petition or one was filed on her behalf before April 30th, 2001 than she may be forgiven. Otherwise her options are limited and too complex to discuss here. Do yourself a huge favor and stop trying to do this yourself and hire an attorney. For a free consultation you may contact my office at 212 537 4407.

Answered on 3/15/11, 6:14 pm

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