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Where do I begin? Family-based immigration, naturalization, citizenship?

Kennesaw, GA |

My fiancee and I are looking where to begin this whole process. I am a United States citizen and he is not. He is currently out of the country and we are planning on a wedding in the fall. We have one son together, who is also a U.S citizen, and wish to remain in the United States.

Attorney Answers 6


  1. You begin by marrying your fiancee and sponsoring him for a green card.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (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.


  2. I agree with my colleague.

    Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.


  3. Mr. Shusgerman gave you good guidance.

    Did your fiance spend time in the US? If so, did he do it 100% legally?

    This is very important.

    Talk to an immigration attorney after you have read Mr. Shusterman's article and have learned how complicated it is.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  4. K-1 visa for fiance. Marry within 90 days of entry and then apply for AOS. Alternatively, marry and apply for green card or K-3 if the GC process is delayed.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  5. Significantly more information is needed in order to assess immigration-related eligibilities, options and strategies. If your fiance is currently outside the U.S. then his ability to return to the U.S. to become married to you here and then complete the adjustment of status process may depend upon whether he has one of the several nonimmigrant visas, such as an H-1B, that recognizes so-called "dual intent." If he does not have such a visa, then you may need to petition for him to get a fiance visa in order to enter the U.S. and marry you here; alternatively you could go overseas and marry and then go through "consular processing." There really is no substitute for engaging an immigration attorney to learn all of the relevant facts in order to advise about eligibilities, options and strategies.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com


  6. Agreed get married in the fall and file for a family petition (I-130) on his behalf. Once this petition is approved the next step is with the National Visa Center (NVC). The entire process can take roughly 9-12 months. Speak to a experienced immigration lawyer to help you out. Good luck!

    Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.

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