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My fiance and i are planning a destination wedding. when i file the I130 does he have to be residing in the country we wed in?

Largo, FL |

i am a us citizen my fiance is libyan it is not safe for me to travel to his home country we were planning on getting married in sweden, and then i would file the I 130. when filing the 130 does he have to remain in the country we wed in or can he return to him home country and finish the process from there? No one can seem to give me an answers and i don't want to do the wrong thing and have to start all over again.

Attorney Answers 5


  1. You can file the I-130 no matter where he resides as long as the marriage was legal in the jurisdiction in which it took place and the laws of the US recognize it.


  2. He can return to his home country and finish the process there.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  3. If you plan to apply for a K-3 visa then the visa process must be completed in the country where the marriage took place. The rule will not affect a straight I-130/IV processing.

    Answers to questions are for general purposes only and do not establish an attorney-client relationship.


  4. You've asked this question a number of times and this forum is not the place to get case specific advice. How best to proceed will really depend upon the specific facts of your case. Spend the time and money to have a consultation with an experienced immigration attorney. This will help you avoid the mistakes you are (rightfully so) concerned about.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


  5. he will need to return to his home country to get an immigrant visa AFTER the I-130 has been approved. I agree with attorney Devore. At some point you are going to need to do the research yourself or bite-the bullit an pay an immigration attorney for specific advice. This forum is not intened to guide you through the entire process of your specific case.

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