QUESTION
Can I file for a fiancee visa for my wife who is in Poland at the moment, we got married in Poland?
Asked on Aug 20th, 2013 on Immigration - New York
More details to this question:
I am a green card holder since 2010. I met my wife in Poland and in 2012 we got married there. I work in USA and tried multiple times for my wife to come and be with me without success. My wife was denied seven times a tourist visa. We do not know anymore how we can be together. I have not filed for a green card for her because it will take years until she finally can come and be with me. We want to marry in USA as well. Can you tell me as a green card holder do I have right to file for fiancee visa for my wife in order for her to be able to come and stay with me and after we marry in USA I will file for a green card for her? What other options I can consider in order for my wife to come and be with me besides the long waiting time period for the green card application? Thank you for your help!
1 ANSWER
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Hello. Since you are already legally married, there is no reason to get married again in the US. You cannot file a fiance visa if you are already married and you must be a US citizen. She will always be denied a tourist visa since she is married to a US resident. She must obtain the green card or some work visa. Applications for spouses of a Permanent Residency is current. Thus, if you had an approved I-130 filed before, she would be able to come this month or September. I would highly recommend filing the I-130 soon. However, we cannot predict how long the cases will remain current.
Answered on Aug 20th, 2013 at 6:13 PM