Legal Question in Immigration Law in North Carolina
I have been in a relationship with an American citizen for over two years now. Could somebody explain to me what the best way for me is to get married to him within a few years (we're thinking spring/summer 2014)?
Would it be easier to apply for a fiance visa? And how does that procedure work exactly? What forms do I need to fill in?
Would it be easier to get a study visa and start an education (in january 2013) and then get married on the way? I know that I need to wait for a greencard whenever I do the fiance visa, and that it can take up to a few years before I can get a job or a driver's license. How does that work?
We are not engaged yet but we want to get married pretty soon.. I am from the Netherlands, by the way. Thanks for helping!
3 Answers from Attorneys
It depends on where you are currently located. If you're present in the U.S. pursuant to a lawful admission, you could marry now and file to adjust status. If you are outside the U.S. and your intent is to reside permanently in the U.S. with your soon to be spouse, the best course of action is a fiance visa. If you have the intent to remain in the U.S. after admission, you are ineligible for a student visa (as it is non-immigrant visa meaning you must possess the intent to return to your unrelinquished domicile abroad).
You may find information on the K-1 fiancee visa, the adjustment of status process, as well as other marriage-based options on my web site here:
http://www.msclaw.com
You can contact me for a free consultation to discuss your options if you wish:
http://www.msclaw.com/index.php?page=Consultation_Request
You may do best setting a time when you can both talk and discuss options and timing. There are going to be a lot of variables depending upon what you are both hoping for over the next few years, and where you are currently located.