When my spouse to be will have one VISA already...

[americanwoman_54 0]

I looked around the site and may have missed this question, so I will state it here as I really do not have a clue as to how to approach my questions/problem. Here it is: My fiancee (who is from Serbia) will be coming to the United States the later part of Sept on a work Visa (I think? as he will be working for the Serbian govt at the NY consulate). We then plan on getting married before the year is out. I gather I will then have to file for a k-3 Visa, but will that then supercede his other Visa? and will it be easier for us to get the K-3 one because he is working here under the auspices of his govt? I am like sooooooo confused, hence any help/advice will be greatly appreaciated.

Regards...

PS. One more thing... there is a large age gap between us (me being the older one), so will this add to our problems? We have been together for two years and to be honest, he may not even want to stay in the states once he no longer works for his govt., but we do not know when that would happen, so I do not want our govt to think he is marrying me to escape his country.

[Gaby&Talbert 1]

I looked around the site and may have missed this question, so I will state it here as I really do not have a clue as to how to approach my questions/problem. Here it is: My fiancee (who is from Serbia) will be coming to the United States the later part of Sept on a work Visa (I think? as he will be working for the Serbian govt at the NY consulate). We then plan on getting married before the year is out. I gather I will then have to file for a k-3 Visa, but will that then supercede his other Visa? and will it be easier for us to get the K-3 one because he is working here under the auspices of his govt? I am like sooooooo confused, hence any help/advice will be greatly appreaciated.

Regards...

PS. One more thing... there is a large age gap between us (me being the older one), so will this add to our problems? We have been together for two years and to be honest, he may not even want to stay in the states once he no longer works for his govt., but we do not know when that would happen, so I do not want our govt to think he is marrying me to escape his country.

You will be able to file AOS and I130 at the same time. Just plan ahead and put together all the needed information to prove your marriage is real.

[pushbrk 13,069]

I looked around the site and may have missed this question, so I will state it here as I really do not have a clue as to how to approach my questions/problem. Here it is: My fiancee (who is from Serbia) will be coming to the United States the later part of Sept on a work Visa (I think? as he will be working for the Serbian govt at the NY consulate). We then plan on getting married before the year is out. I gather I will then have to file for a k-3 Visa, but will that then supercede his other Visa? and will it be easier for us to get the K-3 one because he is working here under the auspices of his govt? I am like sooooooo confused, hence any help/advice will be greatly appreaciated.

Regards...

PS. One more thing... there is a large age gap between us (me being the older one), so will this add to our problems? We have been together for two years and to be honest, he may not even want to stay in the states once he no longer works for his govt., but we do not know when that would happen, so I do not want our govt to think he is marrying me to escape his country.

The answer to your first question depends on the class of visa he will have when he arrives. Any answer you get without knowing his visa category could be wrong. Some work visas allow the holder to simply adjust status to permanent resident after marriage. Some do not.

All couples face the need to prove a bona fide ongoing relationship. You will have the advantage of living together as man and wife in the US before any visa or status adjustment interview occurs, so I wouldn't worry much about the age issue. Bona fide relationship is what you'll need to convince an immigration official you have.

Edited July 20, 2007 by pushbrk

[Yodrak 7]

americanwoman,

Discuss the details of your situation with an immigration attorney after your fiance arrives in the USA.

Yodrak

I looked around the site and may have missed this question, so I will state it here as I really do not have a clue as to how to approach my questions/problem. Here it is: My fiancee (who is from Serbia) will be coming to the United States the later part of Sept on a work Visa (I think? as he will be working for the Serbian govt at the NY consulate). We then plan on getting married before the year is out. I gather I will then have to file for a k-3 Visa, but will that then supercede his other Visa? and will it be easier for us to get the K-3 one because he is working here under the auspices of his govt? I am like sooooooo confused, hence any help/advice will be greatly appreaciated.

Regards...

PS. One more thing... there is a large age gap between us (me being the older one), so will this add to our problems? We have been together for two years and to be honest, he may not even want to stay in the states once he no longer works for his govt., but we do not know when that would happen, so I do not want our govt to think he is marrying me to escape his country.

[americanwoman_54 0]

WOW... that was some fast replies! Thanks for what you have shared already. I have planned ahead in a way as I have saved all our chat and correspondence and photos. But when he comes, we will not be living together even after we marry for abit as I will be teaching in Florida until the year is done and he will be in NYC. I hope that will not be a problem too!

[pushbrk 13,069]

WOW... that was some fast replies! Thanks for what you have shared already. I have planned ahead in a way as I have saved all our chat and correspondence and photos. But when he comes, we will not be living together even after we marry for abit as I will be teaching in Florida until the year is done and he will be in NYC. I hope that will not be a problem too!

You can still comingle your finances and may be together before any interview is needed.