Can we apply for the I 130 before getting married?

D

diefan

New Member
I am getting married in December 2010, I am swiss ( with H1 visa) and my fiance is American. We have been leaving together for almost 5 years and we were curious to know if we can apply for the I 130 and all the other papers work before getting married?
 
You have to be married before the petitioner can file I-130 for the spouse.
There is NO WAY to prove that a husband-wife relationship exists until you can produce a valid marriage certificate.
 
diefan said:
I am getting married in December 2010, I am swiss ( with H1 visa) and my fiance is American. We have been leaving together for almost 5 years and we were curious to know if we can apply for the I 130 and all the other papers work before getting married?
Click to expand...
If you're not married and want to initiate the paperwork before getting married, there is the fiancee visa which is filed with I-129F. But in your case it would be useless because you're already in the US legally with an H1.
 
You must log in or register to reply here.
Top