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Immigration Issues/Which application to fill out

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Question
My fiance is here illegally.  We have a wedding planned for feb 29, 2009 in Mexico.  He will stay in mexico until he can return with a visa.  My question is this:  Should i apply for I129F or the I130.  The processing times are the same for both. Also, if I fill out the I130 now, and he has his appointment in mexico before our wedding, will we be penalized for not being married at the time of his appointment, even if we can prove that we are getting married in Mexico on that date?

Answer
Heather,
If you are fiance is here in the US illegally and if he leaves the country he may be subject to the 3 or 10 year bar from reentering the US.  So you need to consult with an immigration attorney prior to filing and having him go to Mexico for his fiance visa.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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