QUESTION
Should we file for a fiancee or spouse visa?
Asked on Jun 16th, 2011 on Immigration - Georgia
More details to this question:
I have been told in the states that I need a fiance visa and that it is faster and cheaper to get my fiance to the US. When I got here to the Philippines where she lives they told me I should be having a spouse visa. Which one is faster for me to get my girl to me? Also they told me that if she comes over on a fiance visa that she can not work for a year, is that true?
3 ANSWERS
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If you are married, you cannot file fiance visa.You need to file I-130 and or K3 visa. If not, you must file fiance visa for her to come to the US. Once in the US, you must marry her within 90 days. Then she files I-485 to adjust her status to permanent resident. She will receive employment authorization in about 2-3 months after the filing.
Answered on Jun 20th, 2011 at 11:40 AM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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All things being equal if you can go there and get married that is recommended - processing times are the same and I think psychologically the consulate likes this better. Also a bit cheaper as one less step to go through before she can work. If you marry and she comes as a permanent resident she will be able to work immediately.
Answered on Jun 20th, 2011 at 11:27 AM
Personal Injury Law Attorney serving Pooler, GA
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Jarrett & Price, LLC
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If you are not married and want to get married in the US, you should apply for a fiance visa. You would need to get married within 90 days of her entry into the US. Following that period, you would need to file for her adjustment of status to lawful permanent resident. If you have other questions, feel free to contact me or visit my website.
Answered on Jun 20th, 2011 at 9:30 AM