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Immigration Issues/bringing my wife to the U.S.A


QUESTION: ok so here is the situation I am living in Mexico on a fm3 and working as an English teacher and we are planning on getting married in aug. 4 2010 and my parents that are in the united states would like us to go visit and have an open house but for now we plan on staying here in Mexico until she finish here major and then we plan on going to Utah to live I would like to know if it would be easier if my wife just gets here tourist visa right now and then later when we go to the us to stay I can do all of her papers for residency. please let me know thank you very much.

ANSWER: Hello Christopher:

Your fiancee and yourself are planning to get married on August 2010. As such, she should obtain a fiance visa. Such visa requires both spouses to get married within 90 days.
It is not advisable for your fiancee to enter with a non-immigrant visa, as she will be deemed to have a double intent.


Annick Koloko

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QUESTION: but the thing is that we are going to get married here in mexico not in the united states

ANSWER: Hello Christopher:

Your upcoming marriage will have legal consequences. As the spouse of a US citizen, your wife will be deemed to have the intent to immigrate to the US. You can try to convince the officer at the US embassy; otherwise she may have to obtain a spouse visa.


Annick Koloko

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QUESTION: I understand that it will have legal consequences but I would like to know what papers I have to fill out so that I can get her spouse visa we are still planning on staying here in Mexico for a couple of years and I know that to get the visa it takes a little while but what papers do I have to fill out

Hello Christopher:

As you are currently living outside the US, you must submit a visa petition (form I-130) to either your local US Citizenship and Immigration Services (USCIS) office or directly to the US Embassy where your foreign spouse resides. Please check first if the US Embassy accepts Immigrant Visa Petitions.

Once the visa petition is approved, your wife will receive a packet from the National Visa Center (NVC). The packet will list the various documents which must be presented at the immigrant visa interview abroad (e.g., passport, police clearances, results of medical examinations, etc.).

As you and your spouse are planning to remain outside the US for a while, it is not recommended that you apply for a Green Card, immediately after the issuance of the visa. The Green Card could be cancelled at the Port of Entry to the US if you have spent more than six months outside of the US.


Annick Koloko

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Annick Tchokonte-Koloko


Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.


Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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