Legal Question in Immigration Law in Alabama

I am a us born citizen engaged to a zambian. The wedding is set for june 5 2010 in zambia. What paperwork do we need to get him here the quickest. Do you thinking there is any way he will be able to come to the usa immediately after the wedding.

Asked on 1/13/10, 1:08 pm

2 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

The only way that will be possible is if in a status unrelated to your marriage (with one exception, below). To be together after the marriage in the U.S. immediately, you'd do a fiance petition and marry here. Otherwise, the way the system's set up you're separated for the time the paperwork processes if you're married abroad and apply for an immigrant visa. The only exception is if his intention is not to live in the U.S. at the time of entry to the U.S., he visits, then things change, and he wishes to become a permanent resident later. In that case, you'd marry, arrive here and apply.

These cases are difficult as he shouldn't intend to live in the US indefinitely at the time of entry. "Preconceived intent" to permanently live in the U.S. on entry as a visitor is not permitted, though it can be excused for immediate relatives of U.S. citizens. There is Immigration Services Operational Instruction and case law on the subject. It is easiest if it doesn't happen as otherwise, you're on the defensive.

The above is informational only and not legal advice, nor do we yet have an attorney client relationship. I could explain more to you so you understand your options if you were to contact me offline at [email protected] or 818 609 1953.


Alice Yardum-Hunter, Certified Specialist Immigraiton & Nationality Law

State Bar of CA, Bd. of Legal Specialization

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Answered on 1/18/10, 1:26 pm
Michael Cho Law Offices of Michael Cho

You'll want to apply for a K-1 fiancee visa for him now or a K-3 spouse visa for him after you are married. It takes at least 5-6 months for either process so you may be better off applying for the K-1 fiancee visa now and possibly delaying the wedding if necessary.

You may find detailed information on either process here:

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Answered on 1/19/10, 5:08 am

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