Asheville, NC asked in Immigration Law for North Carolina

Q: My fiance is from Sweden. We want to get married early in 2017 and live in USA. I already live here, with our daughter.

Which is the quickest way to get him here and be able to work ASAP? Fiance visa, go straight to a green card application, or something else?

How long does the process usually take to get a visa plus work permit, assuming we do everything we need to do immediately?

We'll definitely use a lawyer to help with the visa application process. How much should we budget for this?

Thank you!

Related Topics:
1 Lawyer Answer
Franchesco Donovan Fickey Martinez
Franchesco Donovan Fickey Martinez
  • Immigration Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Hello, You have many different questions, but I will try my best. The two options you'd have is Fiance Visa and Consular Processing.

If you plan to marry in the U.S., the Fiance Visa is what you will need. Some think that entering with VWP/ESTA or entering with a B-2 Tourist Visa is a good idea. But in reality, that is an immigration violation that complicates matters and could cost you more in time and money. The Fiance Visa process will have a few months where the soon-to-be spouse is not allowed to work.

If you plan to marry in Sweden, you would consular process. The process would last about as long as the Fiance Visa, but after entry into the U.S., the spouse can almost immediately work.

You should shop around for an attorney. Some attorneys post their fee on their website (at least that is my practice). The USCIS government fee will increase on December 23, 2016; however, I would estimate the government cost for the Fiance Visa to be around $1800 and consular processing to be around $1200. Respectfully.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.