Marrying a UK Citizen then getting spouse visa

[wildirishrose]

My fiance is planning on coming here for 6 weeks in which we will get married and he will return back home.....i then will need to apply for a spouse visa in order for him to return...is it best to apply for it before he returns back to the uk or after? also he was arrested once but not convicted it was a false arrest...will this be an issue in getting him back here? we love eachother and just want to be together and want to do it legally as well as ASAP!

 

[Jackolantern]

If he will return home to await processing through the consulate, it's OK to file the I-130 while he is still in the US.

But if he wants to stay in the US to pursue the green card, that could be problematic because as a UK citizen he probably would use the visa waiver, which is risky due to how the courts and USCIS have been clamping down hard on visa waiver users who try to directly immigrate.

 

[Triple Citizen]

He should be okay as long as you have documents to prove that he was never charged and/or convicted.

also he was arrested once but not convicted it was a false arrest...will this be an issue in getting him back here?