Legal Question in Immigration Law in California
I will be going through the process of bringing my fiancee out from the Philippines upon the completion of her divorce (waiting on the final date to arrive). However, while we wait for the divorce to be finaled and her visa to be processed thereafter, I am looking to move out there with her (this would be just prior to the start of the visa process through its completion, approximately 6 months to 1 year). We would also get married in the Philippines. I am curious to know what effect, if any, this would have on the visa process. Would my being there make it more or less difficult or create any additional complications or delays toward bringing her back to the US. Thanks.
2 Answers from Attorneys
Dear Inquirer:
If you marry her lawfully after her "divorce," you would be able to petition her for an immigrant visa or a K-3 visa (no longer a fiancee) and subsequent adjustment of status in the US. The processing time for a K-3 and AOS is approximately the same as a K-1 (fiancee) visa and adjustment of status after marriage in the US. Please note that "divorce" is not recognized in the Philippines. You must make sure that the US will acknowledge the dissolution of marriage proceedings wherever they are taking place.
I recommend that you email us at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.
Regards,
You do not mention whether you are a U.S. Citizen. Assuming you are, it sounds like you plan on after divorce is final, marrying in the Philippines and sponsoring her to come to U.S. The wait time can be 9-12 months or longer to get an interview. You also have the option to not marry in the Philipines, but instead apply for a fiance visa in the US (after divorce is final), and then once she comes to the U.S., you would get married in the U.S. within 90 days of her arrival. I suggest you use an immigration attorney to assist you through this process. For further questions, you may contact me offline at [email protected] or 415-387-1364.
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