Q: So i met this filipina girl here in usa she was on a tourist visa to attend her sister wedding here . Can i marry her ?
We have really hit it off an i would like to marry her if i do will we have to file for a spouse visa ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (347) 859-9269
- View Profile
- Answered
A: Yes you will have to file for a spouse visa if you want her to stay in the USA. Please insure however that you wait at least 90 days before marrying her otherwise immigration can or may allege marriage fraud on her part. If you have additional questions you can call us at 8139616119
A:
there are 2 ways to get a spouse visa.
1. Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
2.Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé(e), Form I-129F
in your case there is only one option that is an immigrant visa since marriage did not take place. in that case she must qualify to be called a spouse. here is a definition of spouse:
A spouse is a legally wedded husband or wife.
Merely living together does not qualify a marriage for immigration.
Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
in your case i think she is not a spouse.
therefore my advise is : first marry her in Philippine. then apply for spouse visa. file for immigrant visa. this seems to be less complicated than non immigrant visa.
if this information is helpful please rate or review me. thank you.
A: Yes. I suggest the two of you consult with an experienced immigration attorney regarding the process and qualifications.
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.
