Legal Question in Immigration Law in California

I'm from California and my fiance is from the Netherlands. We have been together for 5 years and have visit each other frequently. We plan to get married this summer in June. We are ready to start our lives together in the United States and take the next step. I heard the Marry Visa would be the best option for our circumstance and I would love to know if it is. I heard we need to file a CR-1 document for the marriage visa, but I'm not sure what else we need. I would also appreciate if you could tell me what documents were required and how long it would take. I heard to file the documents, you must be working for a year and I was wondering if that was true. My fiance will be staying here for a few months to visit me and then go back to the Netherlands while we await the process.

Thank you in advance!

Asked on 5/19/13, 5:05 pm

2 Answers from Attorneys

Bill Klein Law Office of Bill Travis Klein
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There are many documents that you will need as well as forms to be completed and mailed in. You would start with a petition and affidavit of support. Your spouse will have to complete a visa application and along with a medical exam and criminal records check among other things at the appropriate time. The whole process may take a around a year. You will need to be working or prepared to be working and living in the U.S. Please consult with an Immigration Attorney and the attorney can walk you throught the process.

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5/20/13, 4:35 am
Marlene Hemmings Marlene Hemmings, Attorney at Law
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You can file for a fiance visa now, which would require you to marry within 90 days after his visa is issued. Once married, you could file for his adjustment of status in the United States.

If he tells CBP upon his next entry into the U.S. that he is here to visit his fiance, they probably won't admit him.

There are other options for an immigrant visa, however, I think a fiance visa would probably be best for your situation.

You should consult with an experienced Immigration Attorney to discuss the different processes/options, including wait times & filing fees.

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5/20/13, 1:16 pm

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