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The last option that may affect whether a U.S. citizen marries his or her immigrant spouse inside or outside of the U.S. is the possibility that the couple can apply directly at the U.S. consulate in the immigrant spouse's home country for an immigrant visa (which leads to a green card), thus bypassing the CIS process in the U.S. This option is usually restricted to U.S. citizen spouses who have been residing in the immigrant spouse's foreign country for some time and also depends on the size of the consulate and the number of cases the consulate receives each year.
Consulates often change their procedures. To determine whether a particular consulate allows this option, you can visit the consulate's website to find more information or links to more helpful information (http://usembassy.state.gov). An attorney may also be able to save you time by inquiring on your behalf to the consulate.
It's important to weigh the couple's goals, the CIS and consulate processing times, the couple's financial concerns, and the immigrant spouse's immigration history in deciding whether or not to marry inside or outside of the U.S.
Last but not least, make sure to consult a family lawyer to determine whether the U.S. citizen and the immigrant spouse's foreign divorce decrees will be recognized by the state the U.S. citizen lives in if the U.S. citizen marries his or her immigrant spouse in that U.S. state. Every state family law has different rules; don't mess up the immigrant spouse's chances by not investigating all angles fully before proceeding.
Attorney Heather L. Poole practices family-based U.S. immigration law in Pasadena, California. She is a nationally published immigration author, past pro bono liaison for the American Immigration Lawyer's Association's Southern California Chapter and frequent lecturer on immigration issues to adult schools, domestic violence shelters, and attorney trainings. She can be reached at 626.432.4550 or toll free (877) HUMAN-RTS; Heather can also be reached via email: heather@humanrightsattorney.com. For more information on the options available to immigrants, access http://www.humanrightsattorney.com. |
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