Can my fiance apply for immigrant visa and I-130 petition? 11 Answers as of September 24, 2013

I'm marrying my fiance this month in his country and I'm a born American, I was wondering if can he apply for an immigrant visa and I-130 petition when I get back to US? If someone could give me more information on how to proceed this.Thank you.

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Law Offices of Linda Rose Fessler | Linda Fessler
As long as he stays in his country, you can do that. Instead of marrying him in his country, you could apply for a fiance visa and when it is approved he comes to this country and you get married in the United States.
Answer Applies to: California
Replied: 9/24/2013
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
After marriage you file an I-130 petition. Once this is approved, the approval is sent to the national Visa Center which coordinates with consulates around the world. They collect fees and forms for the immigrant visa stage. The file is then shipped to the applicable consulate and we advise on the procedures for medical exam and interview.
Answer Applies to: California
Replied: 9/24/2013
Lana Kurilova Rich PLLC
Lana Kurilova Rich PLLC | Lana Kurilova Rich
Once you are married, you (the US citizen) should file I-130 for your new spouse. There will be additional filings that will be required; it is a process to go through, but the starting point is your I-130. Please read the instructions carefully; those are very important.
Answer Applies to: Washington
Replied: 9/24/2013
Mulder Law office, PA
Mulder Law office, PA | Kyndra L Mulder, Esquire
You will need to file the I-130 for him. When it is approved it will be sent to the National Visa Center You will receive step-by-step instructions from the NVC.
Answer Applies to: Florida
Replied: 9/24/2013
Alena Shautsova
Alena Shautsova | Alena Shautsova
You really need to have an attorney helping you. You will be the one filing I-130, he will be the one filing for an immigrant visa.
Answer Applies to: New York
Replied: 9/23/2013
    Preston & Brar, LLC | Jesse Brar
    Congratulations on your marriage. So after you get married, you can bring back with you, the marriage certificate and any other proof of marriage (such as, your wedding pictures, invitations, etc.). Then once you can file the Petition for your spouse. Once that petition is received you can also file a K-3 petition so your spouse can get a non-immigrant visa to come and wait in the U.S. while his immigrant petition is being processed. If not, you can proceed with the consular processing of his immigrant petition, which the NVC will process for you.
    Answer Applies to: Utah
    Replied: 9/23/2013
    Immigration Law Offices, LLP
    Immigration Law Offices, LLP | Fakhrudeen Hussain
    You can apply file a petition for a fiance visa.
    Answer Applies to: California
    Replied: 9/23/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You will need to file an immigrant visa petition on his behalf once you are married. You can find the form and instructions at www.uscis.gov.
    Answer Applies to: New York
    Replied: 9/23/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You must file an I-130 petition on his behalf with USCIS. Once you have a filing receipt, you can file a petition for a K-3 visa or have your fiance file for an immigrant visa upon approval of the I-130. Both options take approximately the amount of time for him to come to the US. The Consulate will not continue the K-3 application once the I-130 is approved and he will have to file for an immigrant visa.
    Answer Applies to: California
    Replied: 9/23/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    You should be able to file a I-130 when you come back to the US.
    Answer Applies to: Michigan
    Replied: 9/23/2013
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