Legal Question in Immigration Law in California

urgent question

I'll get marry my fiance on December this year. She is in Korea, and I want to take her to the States after our wedding. However, I found it'd take more than 5 years to get her a greencard after submitting the petition (BTW, I am a greencard holder.)

So I'll get citizenship as soon as I'm eligible. Maybe it'll take 2-3 years from now. (I got my greencard on may. 2000)

During the time, I'd like to take her to US after our wedding with her b1 visia that she got last year...but she can stay no longer than 6 months with it.

I'm also considering to get her short F1 visa (language course etc.) so that she can stay until I get citizenship.

Any advice, please?


Asked on 10/04/02, 6:44 pm

3 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Re: urgent question

I believe this same question was asked about 2 months ago with identical fact pattern. There were about 3 replies to it, including mine.

I notice a reply from another attorney regarding applying now for the fiancee visa for your fiancee. This is erroneous advice. Beware: you CANNOT apply for a fiancee visa for her because you're not a US citizen yet!! You're not going to even be eligible for citizenship until May 2005 (and there's no if or maybe about it being sooner).

You really need to get serious if this is an urgent and repeat question and contact an immigration attorney that knows what they're talking about either by telephone or in person.

We would be happy to consult with you.

Liem Doan, Esq.

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Answered on 10/05/02, 3:50 am
Anja Freudenthal Immigration Law Office of Anja Freudenthal

Re: urgent question

Above all, you should hire an immigration attorney who knows how to help you.

First, because you have a green card, you cannot petition for your fiance yet -- only US citizens can.

Second, the usual time requirement for US citizenship is to be a lawful permanent resident for 5 years, and unless you are married yourself to a US citizen, you cannot become a US citizen within 3 years.

There are some other comments in your email that suggest that you may be thinking of circumventing the immigration laws. You should really talk to an immigration attorney about what you can and cannot do, especially with the INS crackdown on immigrants.

Feel free to contact me.

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Answered on 10/05/02, 6:42 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: urgent question

You can apply for fiancee visa....she will be here lot sooner...bring her...get married here within a year...then apply for Greencard. I do immigration...if you need help contact me !!!

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Answered on 10/04/02, 7:34 pm


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