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What is the procedure for preparing petition for wife/spousal visaMy fiance and I are struggling to find the quickest possible way for us to be together in the u.s.a ....I suggested that she moves to my country(Iran)so we get married in here and then she starts the process for getting me a spouse visa and she stays in my country till the process gets done.just wondering that is it possible?can she apply for my visa while she lives in Iran with me and already became an Iranian citizen? Attorney answers (3)
Reputation Level 13
Answered over 3 years ago.
Immigration Attorney in Cleveland, OH.
Yes, she can move there, marry you, and wait there for your permanent residency (green card) to be completed so the two of you can enter the USA together, with you entering with a green card. You will need to work through the US consulate in Abu Dhabi, Ankara, Frankfurt (family-based applicants only), Vienna (limited), or Naples.
She could also apply for you for a fiance visa and marry you within 90 days of your entry in to the USA. In either event, the processing times will take about a year and may be delayed for security clearance 2 people marked this answer as good
Stuart Jonas Reich, licensed in New York and 2 other states
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Reputation Level 20
Answered over 3 years ago.
Immigration Attorney in Renton, WA.
Given the problems between the governments of US and Iran, any petitions for citizens of Iran to immigrate to the US likely will be thoroughly checked.
It may be likely that your petition will be held up at the security clearance stage. A few months ago, there was a newspaper story about a young boy (under 10) whose immigration application was held up because his name is similar to that of one of the leaders in the Middle East whom the US government had put on watch lists. Apparently, the boy was not getting security clearance because of the similarity in the names. Your wife may also wants to be very careful in taking Iranian citizenship as that may affects her US citizenship. She may want to review with an attorney to make sure that whatever she is doing does not affect her US citizenship. 
Reputation Level 12
Answered over 3 years ago.
Immigration Attorney in Minneapolis, MN.
Assuming your wife has some authorization to live in Iran, she could move there, marry you, file the I-130 petition, get the I-130 petition receipt, file the K-3 visa petition, and filing the I-130 and K-3 gives you 2 options to get a visa and immigrate. Currently the processes are very similar in timing but sometimes the name check and security clearances go through faster with one option versus another option.
You will need to have some sensitivity to the affidavit of support issues, as it seems likely you will need a joint sponsor. Because the I-130 petitions and K-3 petitions are filed with USCIS in the US, and because the case will travel through the US Dept of State's National Visa Center (NVC), also in the US, there is some value-added to having a US-based attorney assist with the case (apart from the usual benefits), because mail will arrive much faster and more reliably to a US-based attorney. I do agree that a spouse petition in this case would probably go through faster and with less issues than a fiance case, and if you live together while the case is in process, you will be able to document more "bona fides" - that is, more documentation of your life together as a couple, which is always good for the eventual visa interview. Related Questions1 Attorney answers: 
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