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I´m a B-2 visa holder and got engaged with a permanent resident. What procedures should we take for marriage and immigration?

Laredo, TX |

We´ve been together for 4 years and we met while I was under an H-4 and when it expired we continued a long distance relationship. As we want to make everything as legal as possible, we want to make sure what steps should we take, if we can get married in the U.S. or if we have to get married in my country. I will appreciate any advice.

Attorney Answers 3


  1. Where you get married does not matter. What matters is that your fiancee is only a legal permanent resident. That means that you will either have to find a non-immigrant status that you qualify for, or will need to wait out the process abroad. The process will take several years.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. You can get married in either country. Once you are married you can file the I-130 visa petition. You will not be able to get the green card for a year or two so you should consult with an immigration attorney.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  3. Marrying a green card holder and having him file AOS on your behalf will make you wait approx. 4 years until your priority number will become current. There is no waiting period for citizens. So see if your fiance qualifies for naturalization anytime soon.

    The mere fact that an LPR filed a petition on your behalf does not give you legal status in the U.S. You will need your own H-1B or student or other form of non-immigrant visa to remain during that period . Consult an attorney for learning all the options available to you.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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