Which option is best to get my boyfriendto the USA? 12 Answers as of November 30, 2011

I am a 17 year old citizen living in Guatemala. I am thinking of these options to get my boyfriend to the USA. Firsth, travel to the USA and start working so that when I turn 18, I can file a fiancee via and have a means to support him. The second option is to stay here in Guatemala and when I turn 18 marry my boyfried and get a job and have a co sponsor to support him. I will then petition my husband. I need to know which option will be the best one.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Either option will work provided you will be eligible to get married at the time you submit the application on his behalf. Since the age for marriage differs from state to state, you need to make sure that you fit the requirement for wherever you plan to get married.
Answer Applies to: California
Replied: 11/30/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Either will work and an attorney can help advise on pros and cons of each. You will need to show that he won't be a public charge and if your income is not sufficient you will need a co-sponsor.
Answer Applies to: California
Replied: 11/18/2011
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
You have both options. If you work in the U.S. you might still need a co-sponsor if you intent to petition your boyfriend. On the other hand, if you stay in Guatemala near your boyfriend, you continue to allow the relationship to blossom.
Answer Applies to: California
Replied: 11/14/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The best one will be for you to turn 21 and then petition for your husband from either place. But since you will need to show that you have lived in the US prior to sponsoring him, maybe it will be better for you to come back a year before sponsoring him get a job, file a tax return, then sponsor him. There are many ways of thinking about this. Good luck!
Answer Applies to: California
Replied: 11/10/2011
Joseph Law Firm
Joseph Law Firm | Jeff Joseph
I assume from your fact pattern that you are a U.S. citizen. If that is the case, there are two options for petitioning for your boyfriend. The first is the fiance visa. The fiance visa requires that you have personally met within the two years immediately preceding the filing of the petition and that you intend on marrying within 90 days of entry. The process begins by filing form I-129F with the United States Citizenship and Immigration Service. Once that is approved, your fiance will have an interview at the consulate abroad and will then enter with a K-1 fiancee visa. You will then have to marry within 90 days of entry and then file additional forms to obtain his permanent residence. The second option is to get married first and then file directly for an immigrant visa for your husband. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent him from immigrating such as crimes, immigration violations, etc. If everything goes well, he will enter as a permanent resident.
Answer Applies to: Colorado
Replied: 11/9/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Both options can be equally successful. Whether you file an immigrant visa petition or a fiancé visa petition, you will need to show you have a genuine or bona fide relationship with one another. The wait time for both petitions is about the same, but keep in mind that if you are married an you petition for him, he will enter with an immigrant visa and receive a green card shortly after his arrival. The decision is a purely personal decision and will depend upon how long you are willing to be apart and whether you have someone who is able and willing to be a co-sponsor.
    Answer Applies to: New York
    Replied: 11/9/2011
    Immigration Attorneys, LLP | Robert R. Gard
    Actually, either of those options appear viable, and neither option would be better than the other, as they each have their own benefits and shortcomings. It depends on which best fits the facts of your circumstances at the time. Whether or not you are working, you will still need to be a U.S. resident to file the I-864 Affidavit of Support, and a co-sponsor can be used, if needed, if your earnings are not sufficient to meet at least 125% of federal poverty guidelines. The I-864 is not required for the petitioning part of the process, and is required only when your husband would start to process his application for an immigrant visa at a U.S. Consular Post abroad, or, if he is in the U.S., at such time as he files his I-485 Application for Permanent Residency. There are other options which may be available if your husband has at least a Bachelor's Degree (equivalent to a U.S. Bachelor's Degree) and an employment sponsor that could bring him to the U.S. on an employment-based non-immigrant visa. Once he is living with you legally in the U.S., and working on a U.S. employment-based visa for six months or more, then his income could be combined with your income on the I-864 affidavit of support.
    Answer Applies to: Illinois
    Replied: 11/8/2011
    King & Ballow
    King & Ballow | Bruce E. Buchanan
    Either way can work but fiancee visa is faster.
    Answer Applies to: Tennessee
    Replied: 11/8/2011
    Cardenas Law Firm
    Cardenas Law Firm | Abraham Cardenas
    In order for your boyfriend (future husband) to travel to the U.S., you have to be living in the U.S. in order to petition for him. Your first option is your best option. Make sure to do this with a good immigration attorney to avoid problems.
    Answer Applies to: Florida
    Replied: 11/8/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    You are asking good questions but a competent immigration attorney will need at least an hour to fully analyze your case and outline the options. Please make an appointment with one. You can use the local chapter of the state bar if you do not have enough funds for a regular consult.
    Answer Applies to: California
    Replied: 11/8/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    I think the first option may be much quicker for you.
    Answer Applies to: Nevada
    Replied: 11/8/2011
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