QUESTION
What avenue should I take to start my fiance's Immigration and green card process, pending my divorce?
Asked on May 17th, 2016 on Immigration - North Carolina
More details to this question:
I have applied to the U.S. Embassy in the Dominican Republic 3 times to receive a tourism visa for my fiance. However, the visa was denied all 3 times. They stated that I should apply for a Fiance Visa instead. The problem is that I cannot apply for fiance visa while I am still married, but legally separated. My divorce will be final in October of this year, and we are planning to wed in latter part of November. I have heard that the visa process could take 6 months to 1 year. If I wait until we are married, this can be a very long time for us to be apart from one another. I am considering moving to DR after the wedding until the process is completed, but if there is a way to not have to do this, I am all ears. The wedding will take place in DR, but if the visa process would be better if the actual wedding was in the US, that would be an option. Given my circumstances, which is the best option for my fiance to receive her visa and green card in the shortest time possible?
1 ANSWER
You must be divorced before you could start either the fiancé visa or immigrant visa process. There is no way around this requirement. Once divorced, you could either marry your fiancé in the Dominican Republic or file a fiancé visa petition. Either route you take will take several months to a year to complete. The best option would be to see if your divorce can be finalized sooner than October. You can read more about family immigration at http://myattorneyusa.com/family-immigration.
Answered on May 17th, 2016 at 4:00 AM