green card family based

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natalia nabe

New Member
Hello,
my fiance is a U.S citizen (born and live all his life in the U.S), I met him over 3 years ago and we together since then. I'm from Switzerland and we both visit each other every few month.
We decided to get married in 2 month in Switzerland and later on he'll apply for a green card for me.
When he was younger he was involved in a car accident and went to jail because of that for few month, and he is on probation and will be for the next two years.
Everytime he came to visit me he got premission from his probation officer.
I wanted to know that if the fact he was in jail and he is on probation can effect his request for a green card for me?
Another question- is anyone can decide to cancel our marriage because he came here only with his probation officer premission and not from a judge?

Thank you and have a great day!
 
No and no.

His background could only be an issue if he were petitioning you as a finace but you indicate that you will marry first then pursue immigration. It is, therefore, irrelevant.

Criminal law, family law and immigration law are seperate issues. While criminal issues and family law both have an effect on immigration, they have no effect on each other.
 
natalia nabe said:
We decided to get married in 2 month in Switzerland and later on he'll apply for a green card for me.
Click to expand...

Will you wait in Switzerland during the green card processing, or do you expect to wait inside the US? The process, timeframe, and risks are different depending on which route you take.
 
Thanks for the response, answers and more questions :-)

Hi,
I'm planning to wait in Switzerland during the green card process, and my future husband will stay with me in Switzerland for 3-5 month and then he'll fly back to the US.
We are planning to start the process while he will be with me in Switzerland and to send all the documents to the USCIS,we understood that it possible. in that subject I have another question- can we pay the fees online (credit card) or by a check (that way we'll be able to do it from Switzerland) or we can use his family help in the US to pay the fees for us?
My last question is- is my fiance will be needed to do anything in the US after we'll get marrid (like changing his status from single to married in one of the government offices?) or we can start the process from Switzerland as soon as we want?

Thanks again!
Natalia :-)
 
Are you sure you don't want to use the fiancee visa (K-1)? It can usually be obtained in 2-4 months. Once approved at the consulate, you'll have another 6 months to use it to enter the US, followed by a 90-day period to marry in the US and then file the other green card paperwork.

But if you get married before filing the paperwork, you can't use the K-1 visa, you'll have to use another route (K3 or CR1) which would have you waiting outside the US for 6-12 months.

The normal way of paying the fees is by sending a check or money order.
 
K-1 visa

Hi, from the information I have- K-1 Visa can take between 6-9 month, which means that the time diffrent between K-1 Visa to the greencard is small. is that true?
We are going to get married in two month, I would love to hear tips and advise about what my fiance should bring with him to Switzerland to make the green card process as simple as it can be.
Thank you again :-)
 
natalia nabe said:
Hi, from the information I have- K-1 Visa can take between 6-9 month, which means that the time diffrent between K-1 Visa to the greencard is small. is that true?
We are going to get married in two month, I would love to hear tips and advise about what my fiance should bring with him to Switzerland to make the green card process as simple as it can be.
Thank you again :-)
Click to expand...

Since he is going abroad to marry and you want to immigrate ASAP, he will need to file the I-130 at the Chicago lockbox because one must be resident in th foreign country for 6 months in order to file at the consulate.

He will need to submit financial documentation for the I-864 as cited in the instructions. The I-864 can be filed with the consulate since he will be abroad with you. The consulate does not charge a fee for the I-864 but if it is done through NVC, they charge a fee. He will have his passport as proof of USC to file with the I-130 along with a copy of the M/C. Any foreign language document needs an English translation. See www.uscis.gov for basic instructions on Form Guidance links at http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

If either of you have been married before you need proof of death or other dissolution of any prior marriage(s).

Good Luck,
 
natalia nabe said:
Hi, from the information I have- K-1 Visa can take between 6-9 month...
Click to expand...

From what I've read, these days it's faster than that. However, the time frame varies with different consulates ... so if you have specific information about the consulate in Switzerland, pay close attention to that.
 
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