Immigration Issues/k1, B2 and I-130

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Question
Mr.Hay,

If I enter the USA legally, get married and have my spouse  petition for the visa how long do you think this process will take place? Do you think I will have to leave the country while the visa is processed?
Are any disadvantages in taking this route?

Thank you very much!

Rosita
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The text above is a follow-up to ...

-----Question-----
Mr,Hay,

Thank you for the opportunity to ask questions. It is great.
I am from Ecuador SC. I´ve been dating an US citizen for some time now. We have talked about getting marry. I was wondering which whould be the best option for us. Would it be easier to apply for a K1 Visa or get married in my country and then apply for a I-130? How long does the I-130 takes?
I have a B1-B2 Visa for 5 years. Would it be easier to marry him in the US and change my status later?

Thank you so much for your help in advance.

Rosita
-----Answer-----
It can sometimes be faster to go through the consulate, but I do not like this route since it can sometimes be troublesome and there is no appeal.  If you can enter the USA legally the best thing to do is to just come to the USA, get married and have your spouse petition for your visa.  While you wait for it to be processed you can get a temporary work authorization.

Answer
I hate to say how long (since it changes all the time) but right now in some parts of the country they are running 6 months.  You will not have to leave the country to process the visa.  In fact, exactly the opposite is the problem.  When you enter it will be troublesome if you have to leave since you will not allowed to return unless you have the visa approved and entered in your visa at the consulate, or you re-enter on a Parole visa entry.  

Immigration Issues

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Alexander J. Hay

Expertise

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".

Experience

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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