What is the best option for my boyfriend to come and live in the USA? 6 Answers as of October 26, 2011

If he has not been in the US before or not violated any immigration laws, you may file a fiance visa for him which is faster than if you get married. Then he will be given a visa for 90 days to get married.

It is possible to request that your boyfriend come to the U.S. as a fianc to get married in the United States or a spouse, if you marry abroad. My advice to clients is usually to have the marriage occur outside of the U.S. and file a spouse petition to request lawful permanent residence through the U.S. Consulate or Embassy abroad.

Either place of marriage is fine although the process will be different. If you intend to marry in the U.S. you are likely going to file for a fianc visa. To obtain a fianc visa you (a U.S. citizen) will file certain paperwork on your fiancs behalf and he will eventually be issued a visa in his native country then enter the U.S. in order for you to marry within ninety (90) days. Your foreign fianc will be subject to an interview, medical examination, etc. Note that both parties must be free to marry (i.e. not currently married), you must have an income that exceeds the poverty level and you and your fianc have met in person within the previous two (2) years. If you marry in Guatemala you will file for a K-3 visa. Note that the marriage needs to be registered with the appropriate government authority and you will need an official marriage certificate (a religious ceremony is not enough). Your foreign spouse must live outside the U.S., he wants to enter the U.S to await a visa and you (the U.S . citizen spouse) must file a petition on his behalf.

As you both plan to marry, it would be best for you to travel to Guatemala and marry him once you are 18. You can then petition for him to receive an immigrant visa. The process will take 6 months to a year to complete, but it will prevent any issues if he were to travel to the United States on a non-immigrant visitor visa and then marry you. This can create an issue regarding immigrant intent. The other option would be for you to file a fianc visa for your boyfriend once you reach 18. You will have to demonstrate you have a genuine relationship and intend to marry within 90 days of him entering the United States. It is very important that you marry within 90 days of his entry.

If you have physically met in the past 2 years, he would qualify for the K-1 fiance visa. If you do get married, he qualifies for the K-3 visa. It does not matter where in the world you get married.

It really depends upon which option you prefer. You can get married in either location. If you marry in guatemala you will need to go through the immigration process at the consulate. If you want to marry in the US you will need to apply for a fiance visa. Your best bet is to speak with an immigration attorney and discuss your options.