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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28581
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My fiance lives in the UK. I am a us citizen. we want to

Customer Question

Customer: ***** *****. My fiance lives in the UK. I am a us citizen. we want to marry. He also needs to work here. Should we marry first or should he try to get a work permit? We met in person in 2012 while he was here in Florida on vacation. We have all sorts of supporting documents of our relationship. What should we do?
JA: Thanks. Can you give me any more details about your issue?
Customer: sure. we don't know what do first. get married or find a job then get married. We just don't know where to begin. I have completed the on line form and waiting for his specific proof: passport pages ect.. Unfortunately, we are both in our 50's and still need to work. We are unable to set a wedding date because we just don't know how long his Visa will take.
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Customer: yes - willing to wait. Considering retaining counsel
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Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Either way, getting married in UK, and coming here on the immigrant visa or the K3 or you bringing him here on the K1 visa, all will take time and a lot of patience so be prepared.

The shortest process is the K1 fiance visa. He could be here in 6 months.

K-1

The I-129F will cost $340 plus a $350 fee for the visa processing fee. After he enters the U.S., then you have to marry and then you have to pay $1070 for the I-485

Unfortunately, you will have to be patient because it will take a total of about 6 months for you and she to go through the arduous process of her immigrating.
You will file form I-129F with the USCIS here in the US at the lockbox (PO Box) as per the instructions.
You must include with the form a G-325A for you and he along with 2 passport style photos of each of you.
You can find those forms and instructions at this link
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
Once your petition is approved (it will take 3-4 months) you will be notified and the petition will be sent to the National Visa Center. In approximately 2-3 weeks they will send you a notice and instructions for him to begin the visa process by submitting the DS-160 & 156K Visa Application.
After that is received the USCIS will request his background/security check be done by the FBI he will then receive her instructions for his medical and visa appointment.
He will be told what documentation to bring.
He should document your relationship with pictures, cards, emails, printouts of your skype conversations, etc.
After his interview he will be told to leave his passport and the immigrant visa packets will to sent back to him within 2 weeks at which time he may travel to the US. He has 4 months to use the visa.

Here is a great link to a flowchart with timelines

http://www.visajourney.com/content/k1flow

http://www.uscis.gov/files/article/A2eng.pdf

http://travel.state.gov/visa/immigrants/types/types_2994.html

Now if he came here as a visitor with no intent to marry and stay and you and he spontaneously decided to do so then you can file for him here after 60 days and he can remain in the US while waiting for approval. He would receive a work permit in approx 90 days after filing.

Matter of Cavazos, 17 I&N Dec.215 (BIA 1980)

http://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2750.pdf

That case held that the presumption of immigrant intent does not apply to immediate relatives if adjust ment is filed within 60 days.

However, that does not mean that the USCIS cannot look at other facts and they have many resources available to investigate whether there was a fraud or misrepresentation to the CBP when questioned at entry. So for example, if the CPB officer asked your father why he was coming and if he was going back home and he answered "yes" but had abandoned all his ties to his home country then the USCIS could consider his statements as being a misrepresentation or fraudulent. So the adjustment could be denied on that basis and not on the immigrant intent issue.

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith Ludwic replied 1 year ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith