QUESTION
What would be the easiest way to legalize my boyfriend's status?
Asked on Apr 21st, 2012 on Immigration - California
More details to this question:
What would be the easiest way to legalize my boyfriend's status in the US? He lives in Mexico, has never been here in the US. We have been engaged for the last 4yrs and would like to know what would be faster the fiancée visa or getting married and then myself filing as an immediate family member? Please advice
5 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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The timing is about the same 8-12 months currently so it is personal choice. I think the consulate is not as tough on married couples so I have a mild preference for your being married but if you can document a solid relationship it shouldn't matter.
Answered on Apr 26th, 2012 at 3:42 PM
Either way will take about 9-12 months. The advantage of the fianc? visa is that there is not as much required at the time of the interview whereas if you are married, you should be going there to visit him frequently while the process is ongoing and you will need to establish at the consular interview that the marriage is bona fide, etc.
Answered on Apr 25th, 2012 at 12:28 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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A Fiance Petition needs to be prepared. This is a petition that will allow your fiance to come to the U.S. in a relatively short period of time. Usually, it takes around 6 to 9 months for the petition to be approved at immigration in the United States. Subsequently, the approval would be sent to the U.S. Consulate or Embassy in your fiance's home country. When your fiance comes to the U.S., you will have ninety days to get married.
Answered on Apr 25th, 2012 at 11:14 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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If he is currently abroad and wants a green card, the proper procedure is to use the three step consular processing. That can be as a fiancee or you can marry there and he can enter as a green card holder.
Answered on Apr 24th, 2012 at 6:38 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Either way works. The bad news is that both processes take between 6 to 12 months. I prefer the marriage process because he comes to the US with a green card. If you do the fiance visa, then you still need to apply for the green card later on. It is alot cheaper doing the green card from the beginning. You end up saving almost $2000.
Answered on Apr 24th, 2012 at 5:07 PM