Queens, NY asked in Immigration Law for New York

Q: Will I run into problems if I marry my fiance who resides in another country before I become a us citizen?

I have a green card I married my fiance who's living in a foreign country. Now I'm applying for citizenship" naturalization" will I run into problems later if I want to file for a green card for him?

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3 Lawyer Answers
Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: No. You will not have a problem.

You may file the Alien Relative Petition as soon as you are married.

Your spouse may file for his immigrant visa when you become a USC, or;

As soon as the Alien Relative Petition is approved provided there is no wait for a priority date to be current and you are not yet a USC he may file for his immigrant visa..

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: You are eligible to file the FORM I-130 as a permanent resident or U.S. citizen on behalf of your spouse.

If you decide to marry your fiancé abroad you must ensure that the marriage is recognized in the jurisdiction where you marry. You can then file the FORM I-130 with USCIS.

Once you become a U.S. citizen, you can then inform USCIS or the NVC that you are no longer a permanent resident. The case will be treated as an immediate relative petition and will not be subject to visa limitations which is the case if you remain a resident.

Agnes Jury agrees with this answer

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: No. In fact, you can now file an immigrant visa petition for him.

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