QUESTION

Would getting married in Korea and filing for an I-130 be best or filing for a fiancé visa and getting married in the States?

Asked on Jan 21st, 2013 on Immigration - New York
More details to this question:
My boyfriend and I met in graduate school in the States (he is a US citizen) but right now I am back in my home country, South Korea. Which is usually the smoother and faster route with least paperwork? Thanks so much!
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6 ANSWERS

The processing times are about the same for both processes. It is really just a matter of preference and whether you will have sufficient documentation of the bona fide marriage.
Answered on Feb 07th, 2013 at 3:44 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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There are pros and cons to each process. Many believe fiancee visa is a bit faster, but it is more expensive. I would talk to a lawyer about options. Once filed, either way, there are no specific rules about travel and visits, but it will make visiting harder as an immigrant petition has been filed and temporary visitors must show non-immigrant intent. It can be done, but there is just a risk. It really depends on what your resources are - do you have the funds to travel overseas to marry, how important is it to get married with your family, do you see an advantage to your fiance coming in with an immigrant visa (after marriage and based on an approved I-130 petition) if it means that the process might take a month or two longer or do you just want your fiance here and would be okay with getting married and processing your paperwork in the U.S. Remember, whichever route you choose will require that you check eligibility and document the relationship thoroughly. You should explore these options with an attorney.
Answered on Jan 26th, 2013 at 7:57 PM

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Rebecca T White
The fiance visa or an immigrant visa are going to be relatively similar in time and expense, so you will want to determine what will best fit your needs. If you want to marry in Korea with your family, or prefer to marry in the US.
Answered on Jan 25th, 2013 at 9:09 PM

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There are pros and cons to each method. If your boyfriend has plans to go to South Korea and wait for the I-130 to be processed with you, then I'd recommend that. If he plans on staying in the U.S. while the paperwork is processed, then the fiance visa may be better. Talk to an immigration attorney about your options. My office handles these matters on a regular basis.
Answered on Jan 25th, 2013 at 8:03 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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Filing in the United States with an attorney would be the fastest route. It can take only 3 months from start to finish if done right.
Answered on Jan 25th, 2013 at 10:07 AM

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Criminal Defense Attorney serving New York, NY at Law Offices of Nicklaus Misiti, PLLC
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It is up to you. There is not much difference either way. Make sure you work with an attorney, my firm handles such cases in New York.
Answered on Jan 25th, 2013 at 10:06 AM

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