Where should we adjust our immigration status? 2 Answers as of March 14, 2011

I am an Italian citizen and my fiance is an American. We applied for a fiance visa but we are considering also getting married here in Italy, can we move back to USA with him? Can we change status right in the USA? How much time is the processing for this situation?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The best option, to get you able to live together in the shortest time in the USA, is the K-1 fiance visa, granted in about 3-4 months, after which you can come, get married in 90 days, after which you may petition for adjustment of status. If you desire the aid of an attorney, please feel free to call or e-mail to set up a consultation, held in person or by phone.
Answer Applies to: California
Replied: 3/14/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you get married now and travel to the U.S. you can expect to have problem at the airport when arriving since you filed a fiance petition. Your fiance would be entering the US as visitor with the intent to remain permanently. He could be denied entry and forced to return to Italy, or worse you can be expedited removed back to Italy and barred from returning for 5 years. I would advise you not to get married and continue with the fiance visa petition and visa application under your circumstances.
Answer Applies to: California
Replied: 3/4/2011
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