Can I file for a fiancee visa for my wife who is in Poland?

I am a green card holder for the last 3 years. I met my wife in Poland we got married there 2 years ago. I work in the US and tried multiple times for my wife to come and be with me without success. My wife was denied a tourist visa 7 times. We do not know anymore how we can be together. I have not filed for a green card for her because it will take years until she finally can come and be with me. We want to marry in the US as well. Can you tell me as a green card holder, do I have right to file for fiancee visa for my wife in order for her to be able to come and stay with me and after we marry in the US? I will file for a green card for her. Other options?

Asked on August 20, 2013 under Immigration Law, New York

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 7 years ago | Contributor

Hi. I believe I responded to your other post as well. Hello. Since you are already legally married, there is no reason to get married again in the US. You cannot file a fiance visa if you are already married and you must be a US citizen. She will always be denied a tourist visa since she is married to a US resident. She must obtain the green card or some work visa.  Applications for spouses of a Permanent Residency is current. Thus, if you had an approved I-130 filed before, she would be able to come this month or September. I would highly recommend filing the I-130 soon. However, we cannot predict how long the cases will remain current


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