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I have a question about what my best options are for my

Hello! I have a...

Hello! I have a question about what my best options are for my fiancé and I. I live in the US and he lives in France. We want to get married. We want to know if we should do a K1 visa or if there is a better route.

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

We haven't filed anythingyet anything yet*

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That we want him to be able to work in the US as soon as possible so him living here isn't a burden for him.

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Answered in 10 minutes by:
3/8/2018
Edward Young
Category: Immigration Law
Satisfied Customers: 570
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a few minutes to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 5 months ago
Okay, thank you!
Customer reply replied 5 months ago
a text response is fine, thanks.

The K-1 visa is your best bet if you want to marry in the US. You must Form I-129F, Petition for Alien Fiancé(e). Once approved, the case will be sent to the National Visa Center, which will process and forward it to the U.S. Embassy or consulate nearest to your fiancé’s foreign place of residence. The embassy or consulate will then invite him to apply for the actual fiancé(e) visa. This visa lets him enter the United States for 90 days so that your marriage ceremony can take place in the United States. Once you marry, you can apply for permanent residence and remain in the United States while the application is processed. At that time he can also apply for an Employment Authorization Document on Form I-765, which will allow him to work.

The average waiting time for approval of the I-129F is five months. In some cases, the approval could arrive in as little as 3 months. In others, it could take longer. Here is a link to a website that tells you how to determine the status of your fiance visa application:

https://www.visatutor.com/i-129f-petition-uscis-case-processing-charts/

Please do not have your fiancé travel on a visitor’s visa and then get married. Homeland Security is very skeptical of such marriages, particularly if they are done within two months of your arrival in the US. If you try to get married too early, your application may be denied.

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Edward Young
Category: Immigration Law
Satisfied Customers: 570
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Customer reply replied 5 months ago
Thank you! And if we submit for the K1 visa, how long will it take between filing for the K1 visa and it getting approved for him to enter the US? Trying to understand the time frames for each action.

I am attaching a link that shows the time it took one couple to get a K-1 visa. Basically, it took four months to get the I-129F approved and another three to get the visa: http://www.ajourneyaway.com/french-in-the-us-k1-visa/

Thank you so much for the 5-star rating and bonus! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-visaspecialist/ Or, simply request “Edward only” in the first line of your question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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