Q: What process would need to be done, if my fiancée wants to marry me in the US but return home rather than staying in US?
A:
If your fiancée wants to marry you in the United States but plans to return to their home country after the wedding, you would typically need to follow these steps:
1. Obtain a K-1 nonimmigrant visa (fiancé visa): This visa allows your fiancée to enter the U.S. for the purpose of getting married. You, as the U.S. citizen, must file a Form I-129F (Petition for Alien Fiancé) with U.S. Citizenship and Immigration Services (USCIS).
2. Get married within 90 days: Once your fiancée enters the U.S. on the K-1 visa, you must get married within 90 days.
3. Apply for adjustment of status (optional): If your fiancée decides to stay in the U.S. after the wedding, they can apply for adjustment of status to become a permanent resident (Green Card holder) by filing Form I-485.
4. Depart the U.S.: If your fiancée still plans to return to their home country after the wedding, they should depart the U.S. before the K-1 visa expires (90 days after entry).
It's important to note that if your fiancée does not apply for adjustment of status and departs the U.S., they will need to apply for the appropriate visa (such as a CR1 or IR1 spousal visa) at a U.S. consulate in their home country if they wish to return to the U.S. later as your spouse.
I recommend consulting with an immigration attorney for more detailed guidance on your specific situation, as immigration laws can be complex and subject to change.
A: That would be a mistake. If the fiancé exits the US after marriage to a US Citizen, she would have to process overseas for her green card and the wait time is almost two years. If she adjusts status inside the US after marriage, she can apply here without having to go back. Additionally, once she applies to adjust status, she can also apply for permission to exit the US while her case is pending. This is called advance parole, and takes about 8 months to process.
Ms Grace I Gardiner agrees with this answer
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