Legal Question in Immigration Law in California

You can start the petitioning/visa process only after she is divorced and free to marry. Unfortunately, you cannot bring her to USA until she is divorced.

When she is divorced, you can marry her in Philippines and apply for an immigrant visa, or file a Fiancee visa petition, if you have met her in person within the previous 2 years.

I suggest she makes sure her divorce decree is valid and final.

Applying for a work visa is an option, but it requires an American employer to petition for her. It also takes some time and effort.

For a tourist visa, she has to prove to American consult that she does not intend to emigrate to USA and plans to return back to Philippines.

If you require assistance with these matters, please email at Attorney [@] law-visa-usa.com

Web: www.law-visa-usa.com

She could apply for a tourist visa. However, it's not an easy type of visa to get in the U.S. consulate in Manila if the applicant is female, younger, and single. Whether it is fair or not, they look upon them as too easily staying in the U.S. once they're here, contrary to the terms of a tourist visa. That's not to say it cannot be obtained. Your girlfriend would have to demonstrate that she has sufficient family, financial, school or business ties to her residence in the Philippines to assure the consulate officer that she will be returning once her stay in the U.S. expires. If they know her plan is to visit the U.S. to be with a fiance, or they discover she has the fiancee visa already pending, then ironically, they will be more likely to deny the tourist visa application because it tends to show her intention is to immigrate to the U.S., not just to visit. You're better off filing the fiancee visa.

I�m in the LA area, too, so you're welcome to check out my website and blog for how to contact my office and for more information.

Larry L. Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

Hello:

You may apply for a fiancee visa for her before the divorce is final, but it is not advisable, since the name of the visa itself implies a requirement that she be able to get married at the time of filing. I wouldn't recommend filing before the divorce is final because once it is approved and she's in the U.S., you are required to marry her within 90 days. If the divorce is not finalized by then, then you may be in violation of her visa if you cannot get married within that required time. Generally, it does take 6 months to a finalize a divorce, but you never know if something may happen to delay that process.

If she wants to come to the U.S. sooner, there may be other temporary visas for her, including a visitor visa to the U.S. or another non-immigrant visa (such as a student visa).

Once the divorce is final (hopefully while she's in the U.S.), you may marry her and sponsor her as your spouse for an immigrant petition.

To discuss your options further, kindly call me at 714 288 0574 or email me at [email protected]. Our office offers a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

The Fiance visa is certainly a good option for you. But, as you have discovered, to file a fiance visa, your fiance must be able and ready to marry. This means that your fiance must be divorced. Foreign divorces generally take at least 6 months to complete. Additionally, it is best to wait until the divorce is final to file the fiance petition, in the event that there are last minute things that need to be done for a valid and final divorce decree (i.e., may need to register in the foreign court or in the book of registrars which can sometimes take an extra 30 days).

Another option (apart from filing a fiance visa) is once the divorce is final, you may also marry your fiance in the Philippines. And immediately after that, file an I-130 immigrant petition for your fiance. You will then have to wait 6-12 months for an interview for the permanent residency.

You mentioned a work visa. The H-1B non-immigrant visa is an option, assuming that your your fiance has the academic credentials and has found a potential employer to sponsor her for an H-1B specialty occupation. The H-1B numbers are still available as of now. We would need to see her resume, bachelor's degree and transcripts and the job description from the potential employer to make sure this is an option.

There may be other options, but would need to discuss at greater length your fiance's background.

We would be happy to assist you. For further discuss the options available to your fiance, send an email [email protected], or call 415-387-1364 to set up an appointment.

Greetings,

There are some 30 or 40 nonimmigrant visa classifications in all and depending on several issues having to do with her education and career history will determine her faster options.

Check me out at http://www.yardum-hunter.com, phone at 818 609 1953 or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine