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Immigration Issues/Fiance in UK want to marry ASAP

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Question
My fiancé lives in the UK I live in California it is now Jan 06, we have the 129f all filled out and ready to go, but today I was told by an INS agent that if she was to come here right now (as in 2 weeks from now) on a i-94w visa wavier and we got married she could file the i-130 and stay here legal. and that she would be able to work in the US right after filling the 130 form. And we would not have to send in the 129f and have to wait 6 to 7 months to get married.

So if she comes over here in a few weeks and we get married while she is here on the i-94w and file the 130. Is there any way that she would have to go back to the UK and wait for paper work to be done. Or will she be able to stay here with me forever.

Basically is it worth the risk doing it now with the i-130 form and just getting married?

Or safe waiting 6 to 7 months (which sucks) and be on the safe side.

I want to be with her more than anything right now and don’t want to wait


what should I do


Answer
If she comes, and you get married, the only real downside is that she will not be able to leave the USA until the visa application is processed.  This can take some time.  So make sure the both of you are really ready, and that she will not need to go back to the UK prior to the paperwork being completed.

NOTE: if an emergency happens, she can still leave and return, but she will have to request a special parole reentry permit.

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Alexander J. Hay

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I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".

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I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Education/Credentials
Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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