Re: immigrant to marry a foreign national?

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You need to consult with an immigration law attorney to
determine the best option for you. If your fiance's father
is still a permanent resident then you fiance will lose the
opportunity to obtain U.S. permanent residence if he
marries, as permanent residents cannot petition for their
married children. Your fiance would be able to marry you
after he has entered the U.S. and become a permanent
resident. He would then be able to petition for you, but it
will take several years before you are able to join him in
the U.S. based upon his petition.

If his father is a U.S. citizen then you have two options.
The first option is to wait to marry, in which case he would
be able to apply for the immigrant visa now and would be
able to petition for you once he is a permanent resident and
you have married. Again under this option it will take
several years before you are able to join him in the U.S.
The second option is to marry now (if his father is a U.S.
citizen) in which case he will have to wait an additional
several years to before he is able to apply for an immigrant
visa, however when he does, you will be able to apply for a
visa as his wife and you will both be able to come to the
U.S. as permanent residents together.

*This information is for educational purposes only and
should not be relied upon as legal advice. This information
should not be relied upon without first consulting with an
experienced immigration law attorney. This information is
not intended to create an attorney-client relationship.
Certification as an Immigration Specialist is not currently
available in Tennessee. Ari Sauer limits its practice
strictly to immigration law, a Federal practice area, and
does not claim expertise in the laws of states other than
where licensed.

On 2/20/10, macasus wrote:
> Background: my fiancee has received news that his
> immigration papers are already on their way. he was
> petitioned by his dad (who has an immigrant visa) years
> before, his status applied was "single". because of this,
> our wedding plans are put off because his dad said it would
> complicate his citizenship.
>
> We would like to ask how long should he stay single? When
> will he be able to come back to the Philippines to marry?
> He has read somewhere that within the 5 year required stay,
> he can go visit outside the US for a minimum duration. Is
> that accurate? also will he be able to marry me during one
> of those visits here in the Philippines, or would that
> complicate his status?
>
> And is it also possible for him to petition me as a fiancee
> visa after his first year of entry in the US and then marry
> me there in the US?
>
> We are very much ready to marry, but this citizenship issue
> is hindering us to do so. but yet we agreed for him not to
> give up his citizenship because his dad had singlehandedly
> worked for the said petition. What would be the best option
> in this case?

The Immigration Answer Man