Cincinnati, OH asked in Immigration Law for Ohio

Q: Need clarification for the quickest way to get my fiancé here in the states after we get married in April.

From what I see, I need to file I-130, I-130A, and then a CR1.

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3 Lawyer Answers

A: I'm inclined to agree to disagree without more information. You ought to reconsider whether to file for a K1 fiance visa, then hold off on the wedding. There are a lot of practical reasons to take a step back, besides the extreme delays in processing the I-130 petition, then the National Visa Center applications, then the delay waiting for the interview to be scheduled. You can wait much much longer for the marriage based I-130 than the fiancé visa petition. However, the challenge may be whether the 'in laws' have concerns and insist upon the marriage. Also, whether other impediments to visa processing may exist for either of you.

I strongly recommend a paid strategy session with a competent and experienced immigration attorney. You and your wife ought to be reasonably counseled to decide how she can arrive in the U.S. the fastest. It may cost a little more in filing fees and attorney's fees, but having an experienced immigration attorney who can review how processing time works can make a difference. Ultimately, it may depend upon which consulate or embassy s/he will complete processing within.

The above is general information, not legal advice, and does not create an attorney client relationship.

A: Right now if you are not married, you can file for a fiancé visa, which would probably take a little bit less time than a spousal visa. You could also wait until April and get married and then apply for a spousal visa but, as stated, the fiancé visa is taking slightly less time. As long as you have met your fiancé within two years of filing the case, then you would qualify, provided that you both file a statement that you intend to get married within 90 days of her admission into the United States. Consider working with an attorney. Some of us charge a very affordable flat fee for start to finish representation. Keep in mind that if you make the slightest mistake, then that could cause a long delay or an outright denial.

James L. Arrasmith
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Answered

A: After you get married in April, your first step is to file Form I-130, Petition for Alien Relative, to establish your relationship. Along with the I-130, you’ll need to submit Form I-130A, which provides additional information about your spouse. Make sure to include all required supporting documents, such as marriage certificates and proof of your relationship, to avoid any delays.

Once the I-130 and I-130A are approved, you can proceed with applying for the CR1 visa, which grants your spouse conditional residency in the United States. This process involves completing additional forms, paying the necessary fees, and attending an interview at the U.S. embassy or consulate in your spouse’s home country. Providing thorough and accurate information will help streamline the application.

To ensure the quickest possible process, prepare all your documents carefully and submit your applications promptly after your marriage. Keep track of all deadlines and follow up regularly on the status of your applications. Staying organized and responsive to any requests from immigration authorities can significantly speed up the process of bringing your fiancé to the United States.

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