Immigration law question...
I am a US citizen in good standing e.g. an honorably discharged veteran, no criminal record. My girl friend is a Philippine national. She is a lovely person with an impeccable record as well. We met in Canada. She has recently been granted permanent residency status in Canada. She has been working there as a Caregiver for about three years.
At the start of 2012 she and I plan to go to the Philippines to be married in the Church by her brother who is a Priest.
What is the quickest and easiest Visa option for her to come to the USA so that we can be together? Can she just get a regular tourist Visa? And then get extensions? Given her resume as a Caregiver, she can easily get work in that field, if that helps the process.
Thank you so much, in advance.
3 Answers from Attorneys
Where a bona fide marriage took place abroad, she would have to file either as a K-3 (non-immigrant visa for alien spouse of US citizen) or an I-30 CR1 (immigrant visa for a spouse of a US citizen). Both now take roughly the same time, but K-3 is a non-immigrant visa which means that your spouse would have to adjust status in the United States when she arrives. CR1 will give your spouse an immigrant visa as adjustment of status takes place at the consulate abroad.
Feel free to contact me if you have further questions.
You can either file a K3 visa or the I-130. Personally, I would file the I-130 to avoid the extra fees. For more info, please feel free to contact me at 904-576-2581.
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