If my fiancé is from Switzerland and we are marrying here in the US but I was going to petition for an I-130 after the wedding, will this cause trouble?

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If my fiancé is from Switzerland and we are marrying here in the US but I was going to petition for an I-130 after the wedding, will this cause trouble?

We have wedding plans this year. He will be living in Switzerland awaiting the approval process. Will there be problemse if we didn’t file the fiancée visa first?

Asked on January 30, 2015 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, there is no need to file for the fiance visa first if you plan to file the I-130 after the wedding the the spouse will continue living abroad until the petition is approved and he applies for the immigrant visa upon the approval.


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