Legal Question in Immigration Law in California

My boyfriend is Serbian and I'm a US citizen. We live and work abroad in Asia. He has a B-1 B-2 visa and has visited the states before; we plan to visit again next month. We are considering possibly getting married in Vegas but don't want to do anything that would be frowned upon by the USCIS. Getting a k-1 doesn't make sense for us due to the fact that we don't know when is the next time we will be visiting the states (doesn't it take 3 months?); we would however like to transfer to the states for work hopefully by the end of 2010. What if we marry in Vegas, leave the US to return to our jobs abroad as planned, and then I petition for him as my Alien Relative? How long will this take until he is able to work in the states? Thanks.


Asked on 2/04/10, 7:36 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

If you are residing in Asia, and the US consulate in that country allows for direct consular filing for a third-country national (you should inquire with them), then you might be able to file the petition abroad, and he can come to USA on an immigrant visa. In this case, he wouldn't need to wait or apply for a work permit when he is admitted as an immigrant to the USA.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 2/09/10, 8:22 am
Michael Harris Law Offices of Kravitz and Guerra, P.A.

It's true as noted by the previous attorney that you may be best applying at the U.S. consulate closest to you in Asia. But to file an Immigrant Petition for your husband without having residence (or domicile, as lawyers call it) in the U.S. can be tricky.

Once you have a residence in the U.S. that you can show is your domicile then you can petition for him at the consulate for his permanent residence. This may be the appropriate way to do it because a B-1/B-2 visa requires temporary intent, and it will be obvious that he may have permanent intent to stay in the U.S. if he enters with you on a visit.

Each consulate has different waiting times, but it will likely be many months for the process to be approved. It will be better for you to start as soon as you can.

For more information, please contact me.

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Answered on 2/10/10, 11:03 am


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