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Immigration Issues/foreign national marriage

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Question
I am a legal, permanent US resident. As such I do not qualify to apply for a Fiance Visa for Filipino citizen.
I can, however, apply for a Fiance Visa in my home country which is Great Britain. Once married, would I then qualify to apply for a Green Card for a family member?
Would she be allowed to enter USA as wife of British citizen or would I be required to seek a visitor visa from England. Visitor visa's from the Philippines are really hard to obtain and she would be a British resident subsequent to the marriage. I do not wish to return to UK on a permanent basis.
Than k you for your anticipated reply.
Phillip

Answer
Hi Phillip,

You must be a U.S. citizen in order to file a fiance petition for a fiance. Your spouse would then enter the U.S. and you would marry each other within 90 days of her entry to the U.S.

Since you are not a U.S. citizen, your spouse can apply for a visitor visa to enter the U.S. However, during the interview if her response is to state that the purpose of her entry is to marry a U.S. citizen, then the Consulate (whether located in the Philippines or the U.K.) will deny her visitor visa application. If she is already married to you and she applies for a visitor visa (whether in the U.K. or the Philippines), the Consulate will likely deny her visitor visa application on the grounds that she is an intending immigrant to the U.S.

In short, there is no easy way for a green card holder to bring their spouse to the U.S.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com  

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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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