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Question
Hi,
I am a US citizen. My fiance is a UK citizen.  He has been legally separated for three years.  He is now filing for divorce, which I've been told will take six months.  I just found out that I am 10 weeks pregnant with his child. What is the quickest way to get him here?  The baby is due in January.  I want to hurry up and get married as soon as he sets foot here in January and then have the baby.  Is the k-3 visa what we need to apply for? And will he be allowed to stay while it is being processed since we will be married with child?
Thank you.

Answer
Hi Lori,

There are 2 options: (1) fiancee visa and (2) spouse visa (K-3/CR) Visa.

Fiancee visa takes about 7 to 8 months until visa interview.  It cannot be expedited based on pregnancy, and he MUST have a final divorce decree at the time we file the necessary paperwork to start the visa processing.  He must marry you within 90 days after entering the US or else he will lose his immigration status.

Spouse visa takes about 12 to 14 months until visa interview.  It cannot be expedited based on pregnancy, and he MUST have a final divorce decree at the time we file the necessary paperwork to start the visa processing.

If you reside in Los Angeles, CA, he can enter on a visa waiver and apply for the green card within the US (this can only be done in Los Angeles, as LA is the only district that still process visa waiver entrants' green card without risk of denial at this point).  He has to stay in the US on the visa waiver until his divorce is finalized in the UK.  Then, he can proceed to apply for his spouse green card in the US.

Let me know if you have any further questions.  My email is askattorney@gmail.com

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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