My Fiance is already on a visitor visa to US (since march 2012) and has been in country doing his observership. He is planning to go back to India in July end and come back in September 2012. My question should we apply for adjustment of status or should apply for fiance visa? Which is fastest and less hassel free.
State/Country relating to question: United States
Does your fiance need to return to India in the near future?
When do you plan to marry?
No his return is not necessary and we were planning to marry in Feb 2012 in India. But we can marry in court if required earlier
Thank you for your response. Having been in the United States for longer than 60 days, your fiancee's petition would be considered to be filed in good faith so it is unlikely that there would be any inquiry as to your fiance's immigration intent.
To that extent and the fact that you and your fiancee wish to marry in the United States, the adjustment of status process would probably be the immigration process with the least hassle and least chance for potential issues because there are more variables which are within your control.
The standard process is outlined briefly below:
Your would file the I-130/I-485 Packet (Petition for Alien Relative) and your fiance could adjust status in the United States without returning to his home country. The entire process takes a little over a year and would require that your fiance take a Biometrics exam and that you and he be interviewed by a USCIS officer who will determine if he married for the purpose of obtaining permanent resident status. If approved, he would be issued a conditional permanent residence card as he would have been married less than two years at the time that you filedthe I-130 petition. The I-130/1-485 packet is found at the USCIS websiteat uscis.gov. and the marriage certificate must be included with the green card application.You and your future husband should file the following forms with supporting documents:
I-485-green card application
I-765 -Work permit application
G-325A-biographic form for both of you
I-864-Affidavit of support
Knowledgeable and Experienced Immigration Lawyer
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).