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Should I go back to my own country and apply for fiance visa?

Stafford, VA |

I am currently in the USA with my daughter visiting my fiance. We found out a little more than a month ago that Im pregnant. Should I go back to my country and file for fiance visa or would it be ok to stay in the country, get married and applpy for adjustment of status?

Attorney Answers 4


Both are possibilities ... if done correctly.

A lot depends on you ... are you willing to stay in the US for 9-12 months during the processing?

Will your daughter miss school back home & lose a significant amount of education while waiting for papers that will allow her to legally attend school in the US?

These are the type of questions you will want to discuss with your immigration lawyer.

Franco Capriotti - Senior Immigration Counsel

IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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If you have been in the US for 60 days or more, apply for adjustment of status.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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You can stay, get married, and adjust status, however consider that USCIS will consider your intention at the time you entered. If you entered as a visitor and shortly after your entry you adjust status, then you could have an intent problem (intent to immigrate, when entering on a non-immigrant visa). The timing of your entry is important.

It certainly possible to apply and stay in the U.S. and adjust status if you are married to a U.S. citizen without leaving, you should certainly speak to an immigration attorney about your entire situation prior to filing to understand all the issues.

We would be glad to help you with your case.

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It depends on the status you are currently under in the U.S.A.
A fiance visa is indeed processed in a consular setting in your country. However, if you are to get married, it would be a different process, which can be done in the U.S., again depending on your current status.

Best of luck!

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