QUESTION
What is the best visa for my boyfriend to apply for to come to the US?
Asked on May 27th, 2011 on Immigration - New York
More details to this question:
I am a US citizen currently living in Mexico. I met my boyfriend about a year and a half ago and I am now ready to move back to the US to enter law school, with the hopes that he will be able to come with me. We have looked into all of the visa options, and are still unsure about which one will be the quickest and most relevant for our situation. He comes from a poor (in US standards) family, meaning a tourist visa is highly unlikely as he has no way of proving he has intentions of returning to Mexico. With regard to the fiancé and marriage visa options: would it be easier to get married here in Mexico and then apply for a visa or wait and get married in the US? Is it beneficial or harmful to get married in Mexico first before applying for the visa? Which route is the best for us?
3 ANSWERS
Personal Injury Law Attorney serving Pooler, GA
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Jarrett & Price, LLC
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The answer to your question turns on several factors. If you marry within the United States, you can file for a fiancee visa (a K-1). This visa allows your boyfriend to enter and within 90 days, you have to get married. You have to provide evidence that you intend to get married within the 90 period. This is usually faster than the spousal visa (the K-3). With a K-3 there are some unique situations that you may run into if the I-130 is approved prior to the I-129F. If you are uncertain, you should speak with an immigration attorney to explore all of your options. I wish you much success in law school.
Answered on Jun 01st, 2011 at 9:02 AM
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What is the best option for you may be different than others. Each type has some pros and cons. There is no drawback to getting married in Mexico and applying for an immigrant visa. The drawback to a fiance visa is that you would have to do two sets of immigration applications (for the fiance visa and then the green card after marriage in the U.S.). The biggest difference for most people is the personal preference of where to get married so family and friends can be there. Regardless of the visa you apply for, the most challenging part is proving the validity of the marriage...that it is a marriage for love and not for immigration benefits. Especially with a new marriage, this can be difficult. Also, the amount of time you have lived in Mexico could be a complicating factor. I encourage you to consult with an immigration lawyer before making a decision.
Answered on May 31st, 2011 at 11:33 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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The fiance visa is a little faster. There is no "harm" to marrying in Mexico. It is up to you which you method you prefer. I recommend working with an attorney. For a free consultation you can contact my office or by filling out the form on my website.
Answered on May 31st, 2011 at 11:25 AM