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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105668
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I need my husband to be here, asap. What do I do

Customer Question

I need my husband to be here, asap. What do I do
Submitted: 1 year ago via ForeignBorn.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

You are a U.S. Citizen? Have you applied for him? When? And why do you need him in the U.S. quickly? Is there some emergency reason?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

You have two ways to bring him if you are a U.S. Citizen, but neither is very quick:

1) The K-3 spouse visa takes 6 to 9 months. The I-129F will cost $340 and $350 for the visa processing fee. Then after he enters the U.S., he must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

2) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once he enters the U.S., he enters as a Resident and he does not have to file (or pay for) an I-485 nor does he have to attend an additional interview. He just gets his green card in the mail a few weeks later.

So the K-3 is faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that he can use to enter the U.S. while that process is pending. He will most likely have to wait outside.

Here is a link to both:

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance.html

and another link:

http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Customer: replied 1 year ago.
I am a citizen and I just miss him. We want to start a family and can't just yet. I call him my husband but, we are not married yet. He wants to marry in his country of India. I've never done this before, asked for someone to come to the USA.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I understand that, Starlene, and I have given you lots of information in that regard. What additional questions do you have for me?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

There is another option that you can try, but it is not easy. You can look at the link below for all the information that you need on the visitor visa:

http://travel.state.gov/content/visas/english/visit/visitor.html

Essentially, he must have a valid reason for visiting, must have a way to support himself without working illegally, must have significant ties to his home country, and must have the intent to return home.

A letter of invitation helps with some of this as it will help to show why he is coming to the U.S., how much time he will need and that perhaps he will have a place to stay so that he doesn't have to spend money. Usually you want to show that he is going just for a few weeks or so. If it is longer than that, immigration will wonder why and will become suspicious. They are almost sure to deny someone that says they want to visit for 5 or 6 months unless they have very strong evidences of everything else I listed above. But keep in mind that a letter of invitation is a small part of the process and isn't even a requirement (people mistakenly believe it is the most important) and it can sometimes be used against the applicant. For example, if the consular officer believes that the applicant will have too much support meaning that they could stay illegally in the U.S. or if there is a romantic connection, the officer would deny the visa. Sometimes it is better to not even have a letter of invitation. The most important part of a case is to have strong ties to the home country.

So your letter should state why you are inviting him and that you will provide room and board while he is here visiting.

Now as to some of the ties, he will need to show that he has significant close family at home, property not easily sold, and a good job for a good company that he has had for awhile that he would not normally abandon.

So if he is young, and without much money or any property or a good job, he would probably be denied. They would see him as a risk for staying illegal. Also, persons that are planning to travel with their spouse and children are a risk as well because some of their significant ties are actually going with them.

I mean some people have been approved with less, but I am trying to give you the idea for the best chance.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello Starlene Valencia. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Starlene, thank you for your kindness and respect. Good luck to you.

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