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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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I want to marry a Nigerian man who is in Nigeria. I am a US

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I want to marry a Nigerian man who is in Nigeria. I am a US citizen (born and raised). I don't want to get married right away but I think he is the one. I would like to get him here to visit for a while and then decide. He is 28 years old and all his family is in Nigeria. I know there will be challenges how can we make this happen and what if we decide to marry? Here are the circumstances:

1. I am 14 years older than he and very very well established, own my own home and make a good income (college educated)
2. He is very bright but did not have sponsorship or money to attend univeristy but still wants to.
3. I am currently seperated and have been for about a year but haven't divorced yet but intent to
4. I want him here and I know we want to marry eventually but I want him to get his education first and am willing to sponsor and/or provide place for him to live.
5. He wants to work and go to school.
6. I am very aware of all the scams and everything else going on there but this is not such a situation. We really want to make this work and be together but I don't want to rush into marriage
7. We both decided we would do whatever was necessary to get him here ASAP but would prefer not to go the marriage route until we were sure/would rather focus on education.
8. We both realize that may not be an option and we may have to seek alternative solutions to accomplish our goal.
9. We are open to any advice or recommendations that will acomplish what we are looking to accomplish and want to know what is best.
Submitted: 3 years ago.
Category: Legal
Expert:  socrateaser replied 3 years ago.
Although there may be other attorneys with different opinions, in my view, you are in a catch-22 already.

In order to pursue his education, your paramour will need a student visa. The minimum requirements for such a visa are that the student must:

  1. Have a residence abroad, with no immediate intention of abandoning that residence;
  2. Intend to depart from the United States upon completion of the course of study; and
  3. Possess sufficient funds to pursue the proposed course of study.

If you intend to sponsor your fiance' it will be immediately obvious to USCIS that requirements #2 and #3 cannot be met, and your fiance' will be denied the visa.

This leaves you with petitioning for a K-1 fiance' visa, bringing your fiance' to the USA for 90 days, and then either marrying -- or not.

You can enter into a premarital agreement to protect your assets -- however, since you must agree to support your fiance' in the event that the marriage fails, you cannot avoid being subjected to a spousal support award or support order from an immigrations judge.

In my opinion, allowing USCIS to properly vet your fiance' is the best way to determine whether or not your relationship is genuine, or a scam. I realize that you are certain that the relationship is entered into in good faith -- however, my experience is that "love is blind," as the saying goes, and more often then not, the fiance' visa process ends up destroying the relationship, because the U.S. Citizen discovers misrepresentations by the fiance', and/or some legal impediment to being granted legal permanent resident status -- thereby making the marriage legally impossible, unless the U.S. citizen decides to move to the nation of the fiance'.

However, for the couples who manage to get through the fiance' visa process, the probability of a successful relationship is much higher. So, even though this may not be something you want to deal with, you may end up being happy that you decided to go that route.

To petition for a fiance' visa, see this link.

Hope this helps and happy holidays.

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Edited by socrateaser on 12/24/2010 at 4:03 AM EST
Customer: replied 3 years ago.

Lets say for the sake of argument that I still want to help him get into this country and gain and education and better opportunity. Let's just say I owe this (for reasons I cannot disclose). And would want to assist him in gaining entry. Whether it be through marriage (where I make sure my family attorney protects my assets) but still want to assist. Would it be easier for me to go and marry him in Nigeria then apply or bring him here to visit, establish a relationship (which we already have). How do I best document this to move forward and ensure success?

 

1. Would it be going there a couple of times and visiting with his family and showing proof of the relationship.

 

2. Him coming here to visit and showing proof of the relationship.

 

3. What are the things we can do to get him here and then apply for him to stay. If it is marriage then say that (I will take proper precaustions to safeguard myself). If it is sponsorship for a visit and having him return then I visit him to show that he is not at as high a risk for not returning then say that.

 

I need to know what all of our options are to get him here and eventually keep him here even if at first he has to return home and I have to return to the states with no funny business to make this appear as legitimate as it is. Also to prove he is not after my money.

 

Basically please lay out our options, chances of success, and best advice for making this happen both temporarily and long term (marriage or not).

 

Also he has a younger sister 18yrs old would it be better for me to sponsor a female then have her sponsor a family member? Would he have a better shot of getting in if he were coming to visit her. I need to know my options here.

 

I am a business woman and I want to look at the pro's and con's of all angles. I will pay you for your advice and very much appreciate it.

 

Thank you in advance,

AMM

Expert:  socrateaser replied 3 years ago.

1. Would it be going there a couple of times and visiting with his family and showing proof of the relationship.

 

A: In order to obtain a fiance' visa, you must have met the person at least once. The greater the contact, the more viable the relationship becomes, from the viewpoint of USCIS.

2. Him coming here to visit and showing proof of the relationship.

 

A: My impression is that your friend cannot prove the necessary economic wherewithall to qualify for a tourist visa. So, I suspect your visiting in NIgeria will be unavoidable.

3. What are the things we can do to get him here and then apply for him to stay. If it is marriage then say that (I will take proper precaustions to safeguard myself). If it is sponsorship for a visit and having him return then I visit him to show that he is not at as high a risk for not returning then say that.

 

A: There is no applicable sponsorship that would permit him to visit, in my opinion. If he had some exceptional skill needed by your business, then you could potentially sponsor him for an employment visa (H-1B). Otherwise, marriage would be the simplest and most straightforward approach. Your relocation to NIgeria, marrying him and remaining their in a relationship would certainly improve your changes of proving that the marriage was in good faith, and not to evade the immigration laws. However, unless you go through the vetting process associated with the fiance' visa, there is no means of knowing for certain, whether your fiance' -- or, your husband, if you marry him, will be eligible for admission and permanent resident status in the USA.

 

So, were it me, and I was certain I wanted to do this, then I would visit your fiance' several times, apply for the fiance' visa, and then bring him to the USA for 90 days, and either marry him -- or not (which is what I originally suggested). Sometimes, the most obvious approach actually is the best.

Also he has a younger sister 18yrs old would it be better for me to sponsor a female then have her sponsor a family member? Would he have a better shot of getting in if he were coming to visit her. I need to know my options here.

A: You can't sponsor a non-relative. Even blood relations can take tens of years to successfully immigrate. This option is a nonstarter.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33548
Experience: Retired (mostly)
socrateaser and 15 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

I am going to accept your answer now. I simply wanted to thank you and say happy holidays to you before doing so. I appreciate your efforts and your candid reponses.

 

Many thanks,

AMM

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