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 ?
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.
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