Legal Question in Immigration Law in Georgia

i want to bring my fiance from canada here on a k-1 visa. Last year she filed her taxes under common law with a previous boyfriend. They were never actually common law married and she is in the process of changing her status with their tax division but it takes 90 days to change her status. Can i begin to submit the paper work to sponsor her for the visa or should i wait until her status changes?

Also once the paper work is started will we still be able to visit each other?

Asked on 9/06/13, 9:50 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You should wait until the "common law marriage" is dissolved, so that it does not look like she intends to practice polygamy or there is any type of potential visa fraud issue.

You can & should visit her to establish the relationship, for purposes of evidence for the fiance visa application. She should not come to the U.S. as a visitor, as that could also be construed as visa fraud, not to mention she could be denied entry.

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Answered on 9/06/13, 12:32 pm

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