Immigration Law Questions? Ask an Immigration Lawyer.
Good afternoon, I am an Immigration attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. Please allow me just a few minutes to prepare some information for you, thank you!
One option is for the non-citizen to come to the US on a visitor visa, then get married, and then file the necessary paperwork for a green card application. However, the B2 visitor visa is a nonimmigrant visa, which means the intent is not to be married, but rather that the individual will return to their home country after a vacation in the US. Of course, if they came to the US with the intention of vacationing, and then fell in love, and decided to get married, that is permissible. They would get legally married and then the US spouse would file a Form 1-130 to start the green card process.
The other option is for the US citizen to file for a K1 fiance visa, using Form I-129F. A fiance visa will allow the non-US citizen to move to the US, after which they have 90 days to get married once they arrive in the US. A fiance visa usually takes only 2-5 months to process, and is one of the quickest paths to enter the US and obtain permanent residency.
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