Can my foreign fiance and I get married in the states, go back to his country for a year, and then apply for a spousal visa?

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Can my foreign fiance and I get married in the states, go back to his country for a year, and then apply for a spousal visa?

I just sent in my I-129F form for my foreign fiance. We both live and work in Indonesia. We would like to get married in the states where my family is, but we don’t want to move to the states right away. We would like to work one more year in Indonesia after we get married, and then move to the states. Is this feasible? Would it make getting his spousal visa harder? Or, is it possible to wait in the states right after we get married and apply for Advance Parole so we can go back to Indonesia while waiting for his green card?

Asked on January 11, 2017 under Immigration Law, Virginia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is not feasible since the fiancee visa is for the express purpose of getting married to the petitioner.  It is not a multiple entry visa so if after getting it and getting married in the US you intend to just go back to Indonesia, when you are ready to return, you are basically at square one, except that you are married.  you would have to start the process of petitioning for your then wife and it will be another 1 year process or so for her to be eligible for an immigrant visa.  If you just want to get married in the US and she already has a visitor's visa or can easily get that, I'd suggest doing that instead of going through with the fiance visa petition which will take about 9-12 months before she can get the visa.


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