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What's the Fastest Way for a Spouse to Immigrate After a Foreign Marriage

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  • 07-25-2016, 12:21 AM
    shayned
    What's the Fastest Way for a Spouse to Immigrate After a Foreign Marriage
    My fiance is French and she just visited with me here in the US under the VWP for the maximum allowed amount of 90 days. We got engaged during her last day here and is now back in France. We want to get married there in about November, I will stay here until October.

    What would be the quickest way to get her legally back here as my wife after the wedding in France?

    Also, when could she start working here?

    From my understanding we would have to start with the I-130 form. Is that correct?
  • 07-25-2016, 06:21 AM
    Mr. Knowitall
    Re: What's the Fastest Way for a Spouse to Immigrate After a Foreign Marriage
    The USCIS summarizes the process of bringing a spouse to the U.S., here.
  • 07-25-2016, 10:48 AM
    shayned
    Re: What's the Fastest Way for a Spouse to Immigrate After a Foreign Marriage
    So her having been here on the VWP recently, changes nothing?

    Also nothing on the page states whether we can start the process now or not. It says that I need to send a marriage certificate along with the I-130 form, which we don't have yet cause we are engaged. I meant to ask, what would be the fastest way to get her here? I can read the USCIS without registering on a forum and asking for specific help. I came to pick brains, not search for links.
  • 07-25-2016, 11:03 AM
    Dogmatique
    Re: What's the Fastest Way for a Spouse to Immigrate After a Foreign Marriage
    Quote:

    Quoting shayned
    View Post
    So her having been here on the VWP recently, changes nothing?

    Also nothing on the page states whether we can start the process now or not. It says that I need to send a marriage certificate along with the I-130 form, which we don't have yet cause we are engaged. I did ask, what would be the fastest way to get her here? I can read the USCIS without registering on a forum and asking for specific help. I came to pick brains, not search for links.

    Then I suggest you put together some money and hire an attorney.
  • 07-25-2016, 11:06 AM
    shayned
    Re: What's the Fastest Way for a Spouse to Immigrate After a Foreign Marriage
    "You may not file for a person in the following categories:
    4.
    A spouse, if you and your spouse were not both physically
    present at the marriage ceremony, and the marriage was not
    consummated."

    Should we think about the I-129 form for a K1 visa instead?

    Or can she come back after 90 days on the VWP and we get married here and transfer her status?
  • 07-25-2016, 07:27 PM
    T53147
    Re: What's the Fastest Way for a Spouse to Immigrate After a Foreign Marriage
    It is against the rules to enter with the intent of changing status to that of a LPR.

    If you cannot afford an attorney check with the local service agencies that assist immigrants or the local law school's legal clinic.

    It is reporting to take about a year for direct relatives, like spouses, to complete the process for a green card. When you choose to become involved with someone not an American citizen, you should expect that the process to bring your spouse to the US will result in you having to relocate to their country of residence temporarily or wait out the separation. You just have to get in a long line; others have even more compelling stories than you have presented here.
  • 07-25-2016, 07:31 PM
    llworking
    Re: What's the Fastest Way for a Spouse to Immigrate After a Foreign Marriage
    Quote:

    Quoting shayned
    View Post
    "You may not file for a person in the following categories:
    4.
    A spouse, if you and your spouse were not both physically
    present at the marriage ceremony, and the marriage was not
    consummated."

    Should we think about the I-129 form for a K1 visa instead?

    Or can she come back after 90 days on the VWP and we get married here and transfer her status?

    It could possibly be quicker to bring her in on a fiancée visa.
  • 07-26-2016, 09:17 AM
    Mr. Knowitall
    Re: What's the Fastest Way for a Spouse to Immigrate After a Foreign Marriage
    As in... Get a K-1 visa, get married in the U.S., apply for adjustment of status and advance parole (travel authorization), then once advance parole is granted travel back to France for a marriage ceremony (or a second legal marriage, if you prefer). But that process cannot be completed from outside of the United States.
  • 07-26-2016, 10:41 PM
    T53147
    Re: What's the Fastest Way for a Spouse to Immigrate After a Foreign Marriage
    You will find the visajourney forum helpful
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