What is the fastest way to come to the US after marrying a US citizen? 5 Answers as of March 06, 2011

Can you tell me the fastest way for my son and I to come and live in the states, both my fiance and I will be divorced by July. We were hoping my 13 year old could start the school year in the usa. Now after looking into things on the net I am very scared that we will not be able to be together for some time? My custody and access are good to go as well but what our the options can I move and just wait until all the paper work comes, can my son start school etc..... Yes we are planning on getting married. Thanks for your help.

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

Free Case Evaluation by a Local Lawyer: Click here
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is that it is necessary to get divorced first, as is the case with your fiance. Once you are both free, and can document it, it is possible for your fiance to petition for you to have an I-129 fiance visa. It will take about 3 months for your fiance, then a shorter time for you to get an interview for you to obtain the K-1 fiance visa, which along with your K-4 visa for your son, you will be able to come to the USA, after which you would be able to apply for adjustment of status as a legal residence. There will have to be demonstrated permission from your ex to bring your son with you. If you want to discuss this more, call or e-mail me for an appointment, and contact your fiance.
Answer Applies to: California
Replied: 3/6/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
A K3 and K4 visa for you and you son are the quickest ways for a married couple. However, even those will take at least 6 months and the process cannot be started until both you and your fiance are divorced. Even if you file for a K1 (Fiance Visa Petition) it will take the same amount of time.
Answer Applies to: California
Replied: 3/1/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Get married an he should file an i-130.
Answer Applies to: Tennessee
Replied: 3/1/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If you are marrying a U.S. Citizen, then if the papers are filed properly; you should receive your papers between 4-8 months, is the processing time I am seeing in my office. Contact me if you want a free consultation to discuss further.
Answer Applies to: Florida
Replied: 3/1/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Your case will be a tough one for sure! Getting married shortly after divorce raises red flag in petition. You can obtain green card but it takes very cautious filing. You should work with a lawyer. If you want, you are welcome to contact us. Good luck!
Answer Applies to: Florida
Replied: 3/1/2011
Click to View More Answers: