My fiancée lives in Jamaica ("JA") and I am a naturalized US citizen. He has never traveled, but we have decided to start a life in the US, once married. The company he works for is based in the US and I am aware of the Fiancee visa but that would require us to marry w/in 3 mos of his arrival to the US. My concern is our family, who have also never traveled and would like to be apart of the wedding. Can I get married in JA, live there for 6 mos at a time, while I file for him to move to US? He intends to get a traveler's visa, but I think it would be a waste of money right now. Is my only option to file for the fiancée visa? Are there any other options to explore after the ceremony in JA?
If the intention is for him to get a green card and move to the United States, and you do not want to get the fiance visa for him to come to the U.S. and get married in the U.S. then your next option is to get married first, then petition for alien relative. Note that he won't be able to come to the U.S. until the petition has been approved and he has been consular processed. If a K-3 visa has a shorter processing time, that is he only other option to come to the U.S. before the Petition for Alien Relative is approved. He won't be able to qualify for a "traveler's visa" (if by that you mean a B1/B2) because he would not be able to overcome the presumed immigrant intent (given that he's married and you have intentions to petition for his green card).
Yes, you can marry in Jamaica and sponsor him as a spouse. If you intend to live in Jamaica while the petition is pending, this creates a few issues that need to be, and can be, addressed. For instance, both of you must intend to reside in the U.S., and you must prove this. You also must be able to complete an affidavit of support based on your income in the U.S. IF you are not working in the U.S., you will need a cosponsor. In short, you can do this, but you need to work with an immigration lawyer to do this successfully.
Family Law Attorney
You may marry your Fiancee in Jamaica and then apply for the permanent residency based upon marriage while in Jamaica. You should contact an immigration attorney to assist you with this process.
You may contact the Law Office of Robin J. Gray for further legal advice. Office (610) 689-0877; Fax (610) 689-0932; Cell (484) 769-5855; robingraylaw.com This answer is for informational purposes only. It does not establish an attorney client relationship.
As an American citizen, you have many options in bringing your fiancé to the United States. The most cost-effective way, based on the facts of this matter, is to petition for him for an immigrant visa petition once you're married and have him process his immigrant visa in Jamaica and enter the United States as a lawful permanent resident. To execute this flawlessly, you should speak with an experienced immigration attorney, Who is familiar with family based immigration, to assist you through the process.
Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.
Real Estate Attorney
Yes, you would be able to petition for you fiancé to immigrate to the U.S. However, you would have to be planning to move back to the U.S. It would be wise to have an immigration lawyer assist you with this process. One wrong turn and your application could be delayed for many months.
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Yes. You have the option of applying for a K-1 fiance visa and marrying your spouse within 90 days from the time he enters the US, afterwards your spouse could apply for adjustment of status to a legal permanent resident while in the US. Or, if you wanted to marry in Jamaica, you can file an immediate relative I-130 petition on behalf of your spouse and your spouse would go for consular processing at the US embassy in Jamaica. You should consult with a family based immigration attorney to advise and counsel you on the process to make sure that the forms and all the supporting documentation are submitted correctly.
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If you marry your fiancé in Jamaica, filing for a fiancé visa is not a legal option. You would, however, still be able to file for an immigrant visa for your husband through the consular process. As one of the attorneys previously mentioned, though, extended absences abroad do create potential problems when it comes to executing the Affidavit of Support. You should consult with an attorney.
The above is general information only and should not be construed as legal advice or creating an attorney-client relationship.