Paterson, NJ asked in Immigration Law for New Jersey

Q: hi, what is the best way to get your love one, fiancé or Marry him to his country then file a spouse visa here.

I was married in 2012, I'm just waiting for my ex husband to sign the Devore paper, his in vacation outside the county, were separated since oct 2016, now I have a new relationship, his in the Philippines. I known him since I was in collage, now I want to be with him, and I don't know if what kind of petition that I need to get him here, once I get my Devore paper I am planning to file a fiancé visa, but I'm not sure if that's the bet thing I can do, or go back in the Philippines and marry him then file a spouse visa..

What is the best way to do fiancé or spouse visa?

Thank you.

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: It will take an extremely long time to get your Philippine boyfriend admitted to the US, not matter what you try. A U.S. citizen may file an alien relative petition on behalf of his or her foreign-born spouse, and, if the spouse meets the eligibility requirements for the immigrant visa ("green card"), the visa is made available to the spouse "immediately," based upon this close family relationship. Often, the real issue in a case based upon marriage is not whether the spouse can get the visa, but whether the spouse is eligible to either adjust his or her status in the United States to that of an immigrant, or successfully complete consular processing for the immigrant visa in a foreign country. Currently, there are no immigration benefits for foreign nationals who enter the United States illegally, i.e., "without inspection. “There is a waiver process, but they are some of the most difficult immigration cases that lawyers handle and they are very stressful for the lawyer's clients. To get approval for the alien relative petition, both the U.S. citizen and the spouse should be of marriageable age, be free to marry (never married, or have proof of divorce or of a deceased spouse), and provide proof that a valid marriage exists (the marriage certificate, for example) to U.S. Citizenship and Immigration Services (USCIS, formerly the INS), or to a U.S. consular post in a country outside the United States that accepts alien relative petitions.

Matthew J Hartnett
Matthew J Hartnett
Answered
  • Immigration Law Lawyer
  • Philadelphia, PA
  • Licensed in New Jersey

A: Ask yourselves where you really want to get married. If you want to get married in the Phillippines and that takes a long time to coordinate, maybe consider K-1 visa and getting legally married in the USA and then returning to Phillippines at a later date to plan the wedding. as you can see there are many options and possibilities. Consider sitting down with an attorney to discuss.

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