QUESTION
How can my fiancé immigrate to the US if I’m carrying non-US citizen's child?
Asked on May 04th, 2013 on Immigration - New York
More details to this question:
My boyfriend and I are currently residing in New Zealand. I am a US citizen on a one year working holiday visa. He is an Australian citizen. I have recently discovered that I am pregnant and intend on returning home to the US to live as a result. My boyfriend and I have been together for a year and a half and intend on getting married. What are the options for him to come and live with me in the US? I understand that if he enters the US on a tourist visa and then we get married, he will be committing immigration fraud. If we were to get married in New Zealand prior to my return home, would this marriage be recognised? If so, what would then be the correct visa application process to undertake? I have been researching different application processes including the K1, K3 and i-130 but am confused as to what option would be the most suitable and efficient. I am also wondering if there is any visa that will allow my boyfriend to be present in the US during the application process; taking into account the possibilities of getting married abroad prior to returning to the US and the prospect of getting married in the US.
5 ANSWERS
You can petition for him now and it will take about 9-12 months for him to qualify for either a fiance visa (if you intend to marry in the US) or for a spouse visa (if you marry first and then petition for him).
Answered on May 09th, 2013 at 2:16 PM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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You can apply for Fiance visa which take over 6 months to get approved. Once he comes to US you have to marry in 90 days and apply for him to become a US resident. You can marry in New Zealand and petition for him. This process can take about 8 months for him to immigrate to the US as your spouse. He can come to the US on a tourist visa to be with you during the birth.
Answered on May 08th, 2013 at 2:33 AM
You guys can get marries outside the US, the marriage will be recognized. Then you will sponsor him for an immigrant visa starting with filing of I-130 form.
Answered on May 08th, 2013 at 2:16 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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If he came to the US just for a visit (with a return airline ticket) and you proposed marriage to him after his entry, then there would be no fraud. As long as he enters with the intention to return, he can then change his mind and stay after you propose marriage in the US. Just don't ask him to marry you before coming. And you should consult with an experienced immigration attorney on this situation.
Answered on May 08th, 2013 at 2:07 AM
Adebola O. Asekun
You should consider filing a Form I-129 Fiance petition.
Answered on May 06th, 2013 at 11:28 PM