Legal Question in Immigration Law in New York

Where to Petition

My boyfriend is planning petition to have me come down on a fiance visa eventually (i'm canadian). He has a job inside connecticut, close to the border between that and New York. He plans to move closer to his job, but, i remembered hearing that where he petition will have alot to do with where he lives. I've also heard that where you're married also has somethign to do with where you petition. For instance, if he moved to CT, can we still get married in NY, and where would we petition? OR do all those things have to be done in the same state?

thanks for any info you can provide!


Asked on 12/13/04, 9:57 pm

1 Answer from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: Where to Petition

1. Residence of the petitioner is what determines where and with which USCIS office to file I-130. If your fiancee files after he moves, it would be his new residence at the time of filing that will be relevant.

2. Where you get married has no effect on I-130 so long as the marriage ceremony is recognized for the purposes of immigration law; however, you need to check residency or any other requirements which may be imposed in states other than your "home" state in order to be eligible to get married there.

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

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Answered on 12/14/04, 12:40 am


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