Legal Question in Immigration Law in New York

Re: Immigration Question

If your fiance can obtain a visa to the U.S. for a purpose other than to file for his immigration benefit, it may be possible. However, there is a risk that his visa may be denied or he may be turned away at the border if the inspector learns that he is married to a U.S. citizen. There is also at least a 60-day waiting period after arrival in the U.S. to avoid allegations of fraud before an application to adjust status may be filed.

As you may know, there are other options available for your fiance, including consular processing of immigration visa in Trinidad, K-3 visa or getting married in the U.S. and then adjusting status. Contact an immigration attorney to advise you on what is appropriate for your specific circumstances.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

Re: Immigration Question

Actually, you have a few options. You can bring your fiancee to the US on a fiancee visa (K-1). If you marry in Trinidad, your husband would be eligible for K-3, spouse visa. Theoretically speaking, if your fiancee comes to the US on let's say tourist visa (B-2) and you marry here, he should be able to adjust his status to that of a lawful permanent resident. However, this is not a best solution to the situation in hand. Call me for a free initial consultation and we can figure out the best course of action.