What is the best path to citizenship for my fiance currently in the US? 8 Answers as of June 19, 2014

My fiance is legally in the USA while he is appealing a rejected work visa application. There is a good chance he will lose the appeal and have to leave the country within 3 months from now. Would it be better to marry now and start the application for his green card? Could he apply for the K3 visa or does that take a lot of extra time? Or wait for him to leave the country and then apply for a fiance visa? I am wondering how long that application takes and if that is approved, can he stay in the US after the wedding while we apply change in status? I am mostly overwhelmed by all of the options and which would ensure that he is able to stay in the US or at least come back soon. I'm also concerned about his failed work visa application and if that may be a red flag for fraud on our application for residence based on marriage.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Christine Green
Law Offices of Christine Green | Christine Green
Since he entered with inspection, it is best to get married now and adjust status within the United States. You still have to proof the bonafideness of your relationship. It would take a lot more time if he leaves and try to consular process. Consult with an immigration attorney to guide you through the process. Immigration is federal law and as such attorneys from any state can help with guiding you through this process.
Answer Applies to: California
Replied: 6/19/2014
Maria Zarakhovich | Maria Zarakhovich
If you have a real relationship you do not need to worry about marriage fraud. If you are truly together and want to get married then, by all means, do it as soon as possible and start the immigration process for him. It is the best immigration solution for him.
Answer Applies to: Florida
Replied: 6/18/2014
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If he is in the US and entered the US lawfully and you plan to get married and the marriage will be bona fide, there is no need to do the fiance visa petition. You simply get married and file for adjustment of status within the US for his green card. The process takes about 4-6 months and he does not have to leave the US.
Answer Applies to: California
Replied: 6/18/2014
Law Office of Tripti Sharma | Tripti Sharma
You have not mentioned what your immigration status is in the U.S.?
Answer Applies to: California
Replied: 6/18/2014
Law Office of Adebola Asekun | Adebola O. Asekun
Depending on the manner of his initial entry into the US, your boyfriend may still be able to receive a green card assuming you are a US citizen and you file the necessary paperwork for his green card. Normal processing of the concurrently filed I-130 and I-485 is about 6 months from filing to adjudication of your joint interview and within 90 days of which, he will get a work permit while you await the interview. While this is an ideal option, there may be other issues which may preclude the grant of his green card, such as if he illegally entered US or if criminal activity, fraud or other immigration violations are implicated. Ask friends, relatives or co-workers for referral of a reputable immigration attorney that they may have used in their own cases in the past.
Answer Applies to: New York
Replied: 6/18/2014
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You could marry and file a marriage based adjustment of status case. He would be allowed to remain the U.S. While awaiting adjudication of the application. Unless there was fraud the employment petition should have no bearing on the marriage case. I advise you to meet with an attorney to discuss the matter further.
    Answer Applies to: New York
    Replied: 6/18/2014
    Law Offices of Rizwan M. Khalid
    Law Offices of Rizwan M. Khalid | Rizwan Khalid
    It depends whether you are a US citizen or not. I would encourage you to see an immigration attorney to discuss your facts.
    Answer Applies to: Pennsylvania
    Replied: 6/18/2014
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You are better off just marrying now and applying for the green card in the US. The K-3 visa takes almost a year and is not necessary if he is already in the US.
    Answer Applies to: California
    Replied: 6/18/2014
Click to View More Answers: