Legal Question in Immigration Law in New York

Re: Marrying an immigrant

You are free to do so.

If your question is about providing your fiance/spouse with immigration benefits, depending on where your (future) spouse is currently located and your and your spouse's nationalities, whether your marriage has already been officially performed, your fiance/spouse will have several choices to immigrate to the U.S.:

(1) applying for a fiance visa to come to the U.S. with the sole purpose of marrying you;

(2) applying for an immigrant visa at a U.S. Consulate;

(3) coming to the U.S. on another visa and then applying for adjustment of status (if fiance/spouse qualifies).

There are pros and cons to each of these approaches in terms of waiting time, processing time and risks that cannot be discussed in a posting like this. If your fiance/spouse has previous immigration violations history or criminal history, these may complicate the process and need to be taken into account.

Get professional advice on what would work for you in your individual circumstances from an immigration attorney.

This response is in the nature of general information, is not legal advice and should not be relied on as such.