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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10896
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I will soon marry a woman who lives in Jamaica. She has a

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I will soon marry a woman who lives in Jamaica. She has a current limited visa to visit in America. Question, what is the best approach to get her into the US on a permanent basis so she can go to school and be employed.
Tell me about your fee structure.
HEB
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Expert James replied 5 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a conversation. We will talk back and forth until I have all the information I need from you, and you will respond until you have all the information you need. Once you've received the information you need, you will thank me by giving me a a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

ANSWER: We do not have a fee structure because this is not a legal service or law firm. I am an attorney who uses this site just like you, except I provide information based on the situation you describe. You then give a rating for my customer service to you, and the site rewards me based on positive reviews.

Now if you are not yet married, and you want her to come to the US to get married and live in the US permanently, then you need to petition her for a fiance visa (K1).

This visa will allow her to come to the US for the purpose of marrying you within 90 days, after which she can file form I-485 for adjustment of status to permanent resident and get her green card to live in the US. 3 years after she gets her green card, she is eligible to become a US citizen through naturalization.

Here is all of the information about the steps in the K1 fiance visa process:

https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html

Now if you get married before se comes, then she is no longer a fiance and she would have to go through the marriage based immigration process. She is not eligible for a student visa if her intent is to remain in the US permanently.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

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Expert:  Expert James replied 5 months ago.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

ANSWER: The fastest way to get her here if you already are married is not very fast at all. It actually takes around 9 months for her to come, as the spouse of a US citizen.

Once you are married, you need to file form I-130, Petition for Alien Relative. It will be processed in the US in about 5 months. Once it has processed, it goes to the National Visa Center for additional processing. You will be asked to file form I-864, Affidavit of Support, and she will be instructed to file an online immigrant visa application.

Once she has done so, the case is forwarded to the US consulate or embassy closest to where she live. She will undergo a medical examination as well as an interview. If all goes well with those, then she is issued the visa and travel to the US. Upon entering with the CR-1 immigrant visa, she is resident of the US and will get her green card in 4 to 6 weeks.

Now you might hear something about the K3 spousal visa. That was created at a time when the I-130 was taking a very long time to process. It allowed her to come to the US in less time, to await the processing of the I-130. But not the I-130 is taking less time to process than the K3 spousal visa, making the K3 obsolete. However I always encourage US citizen spouses to file the petition for the K3, in case there are delays in the I-130. There is no USCIS fee attached, so there is no real harm. And if the K3 processing is finished before the I-130 is process, she comes sooner and finishes the green card process here, instead of abroad.

Here is everything you need to know about the marriage based immigrant visa process: https://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html

Here is everything you need to know about the K3 visa, if you want a safety net in case the I-130 takes too long: https://travel.state.gov/content/visas/en/immigrate/family/spouse-citizen.html

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

Once you have received an answer, please leave a positive rating by choosing on the 3, 4 or 5 stars so I get credit for doing my job.

A BONUS is also appreciated, if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 5 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.