Can I get married outside of the country and bring my wife to the US? 6 Answers as of January 26, 2011

I am a permanent resident in USA and I will marry my fiancee in England on October 15th this year what is the best way to get her into the US after wedding? And can I do anything before the wedding?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes, you can get married outside of the U.S. and the U.S. will recognize it for immigration purposes provided the marriage is legal in the country where it takes place. Unfortunately permanent residents do not have the right to bring an after-acquired spouse to the U.S. immediately but are subject to the quotas in the preference system

There are three stages to the case 1) I-130 filed with USCIS office; 2) approved I-130 is sent to National Visa Center which collects money and forms for the Department of State consular offices. 3) Case is shipped for interview and medical. Right now there are only visas for cases which were on file prior to January 1, 2008 so even if step 1 is approved and the case is shipped to NVC it will be held there until your Priority Date is current.

Priority Date is established by the date the I-130 is received by USCIS and this cannot be filed until you are married. Until there is a visa nothing will move forward on her case. You should file for citizenship at your soonest opportunity as then her case would be upgraded to immediate relative. If we can assist in the processing of her case, please contact me as indicated below for fees, procedures, and timing. We can also discuss other possibilities for bringing your fiance /wife to the U.s. while awaiting for a visa for her green card.
Answer Applies to: California
Replied: 1/26/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Since you are a resident you are going to have to wait until there's a visa available for your wife. If you qualify for citizenship you should apply, since there would be a visa available immediately if you were a citizen.
Answer Applies to: Florida
Replied: 1/21/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Unfortunately, there has been visa retrogression in the category of spouses and children of LPRs. This means that according to the January 2011 visa bulletin, you can file the petition as soon as you get married but the wait is about 3 years. Ahead of the wedding, there is nothing to do because LPRs cannot bring fiancees. Perhaps you could look into the citizenship process to see when you will be eligible.
Answer Applies to: Virginia
Replied: 1/18/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
If your wife is a British citizen then she can enter the US under the visa waiver program but cannot remain past 90 days. If you are eligible now to file for US citizenship you should do so now so that you can petition for her after getting married so that she does not have return to England without you.
Answer Applies to: Florida
Replied: 1/17/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You can apply for her. The consulate may not give her the visa because you have applied family based immigration visa. But you can try. Good luck!
Answer Applies to: Florida
Replied: 1/17/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    You cannot petition her before you are married since you are not a U.S. Citizen. Only U.S. Citizen can petition fiances. After you get married you can petition her, but it will take 3-5 years for her to be able to immigrant to the U.S. since you are a U.S. Citizen. You should consider becoming a U.S. citizen to speed up the process.
    Answer Applies to: California
    Replied: 1/17/2011
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