Is it necessary for my fiance to get a K-1 Visa for Marriage within US? 1 Answers as of April 13, 2011

My fiancee and I are set to marry 6 months from now. He is currently here on a tourist visa. Is it necessary to get a K-1 visa or since he has plenty of time left, can we ride that one out until the wedding date? Can we marry in the US without a K-1 visa in place? How long prior to the wedding should we complete and submit Permanent Residence visa paperwork? Will there be an issue when we're returning from our honeymoon if he does not have Permanent Residency yet? How long does it typically take to obtain permanent residence? Also, we are planning to marry in a different state then where we will be living.

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Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Fiance visas are issued to bring the fiance(e) into the US.

If your fiance is here in the US on a tourist visa, there is no need for a fiance visa for him. You can get married without it. It is better to marry sooner rather than later, to give yourself plenty of time to apply for his residency permit and adjustment of status.

You submit the applications for permanent residency as soon as possible after you get married. Permanent residency applications take three to nine months for approval. He should not leave the US until you have applied for the residency permit, because he will not be permitted to re-enter on his tourist visa. He is no longer a tourist; he is an intending immigrant. Having the wedding in one state and planning to reside in another is not an issue. Just make sure you get a certified copy of your marriage certificate (proof that marriage has been solemnized) from the state where you married. You will then apply from the address of your marital home.
Answer Applies to: Washington
Replied: 4/13/2011
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