Legal Question in Immigration Law in Pennsylvania
My fiancee and I met a few years ago, online. We have spent lots of time together, even though she is Israeli and I am American. She will graduate from her university in Israel in just a few short months. We wanted to know the best course of action we should take so that she can become a resident of the USA and be eligible to work here, as swiftly as possible. Being an educated women, she does not want to spend several months waiting idly by at my home with nothing to do.
Is the swiftest option for her to come over on a fiancee visa, and then get married here in a private, civil ceremony? Then, once married here, apply to have her status changed to a permanent resident. (And then have a more personal, spiritual, religious ceremony at some later date in Israel in front of both of our respective families?)
If this is the swiftest route to her permanent residency in the USA and her ability to work (most important)? How swiftly might it be done from the moment she lands to her being able to work here without employer sponsorship? If we do this, could she move back home to continue working for several months while all of the paperwork is processed?
And if not, what else could be done?
2 Answers from Attorneys
To file a fiancee visa petition for her, you have to have met her in person within the past 2 years (not just online, telephone, emails). If you have met her, then you can start the process by filing of the fiancee visa petition with the DHS/USCIS. It will take at least several months for a petition to be approved, and then a visa be issued. It requires lots of supporting documents and evidence of fiancee relationship.
When she comes on a fiancee visa, you'll have to marry within 90 days and apply for her residency (green card).
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Assuming that you have met your fiancee in person within the past 2 years, a fiancee petition (K1 visa category) can be filed with the USCIS. It will take a few months for approval, then your fiancee will obtain K1 visa stamp at the nearest U.S. Consulate. At that time she will enter the U.S., and you will marry each other within 90 days of her entry. Then her adjustment of status application will be filed, along with related applications which allow for employment and travel while her adjustment of status application is pending.
You have the option of calling our law firm at 212-268-3580 during business hours, or email [email protected]
Regards,
Ajay K. Arora, Esq.
www.h1b1.com
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