Orlando, FL asked in Immigration Law for Florida

Q: Hi, my boyfriend is Dominican and lives in his country. He has plans to come and live with me in the United States.

Hi, my boyfriend is Dominican and lives in his country. He has plans to come and live with me in the United States. I need advice on the fastest way for him to come to live in the US. First, he is single, Over 21. His mother is an American citizen but she is 75 years old. He has current tourist visa. I am an American citizen and employed in the United States.

What would be more convenient, an I-130 application frim his mom?

A fiancé visa application?

Or an adjustment of status and I-130 application if he enters the country with his tourist visa and we get married?

Thanks

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1 Lawyer Answer

A: If his intent is to marry you and immigrate permanently on that basis, and if he is currently outside of the United States, then the quickest (and proper) way of achieving this would be for you to sponsor him for a K-1 fiance visa. Based on current processing times, this type of case for a beneficiary who is outside of the United States is generally quicker in terms of getting the beneficiary to the United States than is a situation where you are married, filing a Petition for Relative and then having the foreign spouse pursue an immigrant visa at a U.S. Embassy abroad. Having him enter on his visitor visa with the intent to marry and then pursue adjustment of status would be improper (fraudulent use of visitor visa), and could cause significant problems. For details on each of your options, you may wish to consult with a competent immigration attorney. Some attorneys, like myself, offer online (Skype) consultations for those who cannot attend in person.

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