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If I marry my Polish fiancee in Poland, will he be able to apply for the K-3 visa as soon as the I-130 petition gets approved?

New York, NY |

I have dual citizenship-American and Polish,and my fiancee has Polish citizenship.I am currently living with him in Poland,but we want to move to the U.S. We're getting married in a month. Can I file the I-130 on his behalf as soon as we get married? Can I mail the documents to the USCIS and stay here with him until the petition gets approved? Approximately how long does it take for the petition to be approved, and will that allow him to apply for the "spouse visa"? I know that I will have to file an Affidavit of Support agreeing that I am taking financial responsibility for him for the time being. Logically, I would have to be living and working in the U.S. in order to do this.Can I ask someone else to do it instead of me, so we don't have to be separated for a long time?Thank you kindly.

Attorney Answers 3

  1. Best answer

    Once you marry, you can file the I-130. It takes 5-6 months to be approved. After that, just go through consular processing, he will come here with a green card, should not take too long at all. You do have to file the affidavit of support and if you are not employed or do not make enough money, you can have a joint sponsor. I strongly encourage you to work with an attorney.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

  2. If you marry in Poland, then he should apply for the immigrant visa after the I-130 is approved, not a K-3. It makes no sense to apply for a K-3 when the processing times for it and an immigrant visa are virtually the same.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

    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.

  3. I agree, but it often takes a bit longer for National Visa Center review and consular processing, then what is suggested in previous posts.

    This is general information, not legal advice, and does not create an attorney client relationship.

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