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Immigration Issues/marriage to US Citizen and travel

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Question
QUESTION: I am an American citizen and I wish to marry a Italian citizen that I have know for many years. He wants to have a small wedding in Italy with his family. Then come to the U.S. and have a wedding here with my family. What would be the best way to bring him to the U.S. that would allow him to stay? Please Help.

ANSWER: Hi,

Entry on the visa-waiver program allows for entry to the U.S. if there is a non-immigrant intent. Therefore, if you marry, it is not advisable for your spouse to attempt entry on the visa waiver program, or even in other visa categories which do not allow for an intention to immigrate to the U.S. such as visitor or student visa categories.

You should file an immigrant petition for your spouse after marriage in Italy. It will take several months (and probably longer) for your spouse to be issued an immigrant visa to enter the U.S. The process is described here: http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-unit

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QUESTION: I am going to file for a fiance visa how should my fiance enter the U.S. I understand that we have 90 days to get married. What I am not sure of is if my fiance can remain in the U.S. during the entire process.

Answer
The following link explains the K1 fiance(e) visa category: http://www.h1b1.com/practices/k-1-financ-e-visa/

Once your fiance enters the U.S. on the K1 fiance visa, and assuming that you marry each other within the stipulated time frame and his adjustment of status application is properly filed, he can remain in the U.S. for the entire process until he receives resident status (and beyond that as well, of course).

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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