I am a u.s citizen living abroad i got married to a swedish citizen and wanted to know the fastest way i can get her to

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Customer: Hello my name is ***** ***** am a u.s citizen living abroad i got married to a swedish citizen and wanted to know the fastest way i can get her to come to the u.s
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: no nothing yet we are married in sweden
JA: Have you talked to a lawyer about this?
Customer: nope i read that i30 form was the best option
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no nothing
Answered by Shari MoidelEsq in 12 mins 2 months ago
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Shari MoidelEsq
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Shari MoidelEsq, Expert

Hello and welcome to Just Answer. I am an immigration attorney with over 30 years experience and while this does not create an attorney/client relationship, and any responses/answers given cannot be construed as legal advice, I note the following:

US immigration law has a legal presumption that everybody seeking admission is an “intending immigrant”; i.e. that they wish to stay permanently. So they must have an immigrant visa (“green card”) to be admitted.

If in fact s/he wants to be admitted for a temporary, nonimmigrant purpose, s/he must overcome the legal presumption of “immigrant intent” and prove “non-immigrant intention.” For example, proof that s/he wants to come temporarily as a visitor, or foreign student, or temporary worker.

So normally, a foreigner with immigrant intention should go through US consular processing in their home country, to then be issued an immigrant visa abroad with which to travel to the US.

If *after* arrival in the US, their intention changes to immigrant intention, they can apply to adjust status to permanent resident. But they must not do so within the first 90 days of admission because of a presumption of visa fraud, if that happens. (The legal presumption does not apply to immediate relatives of US citizens, which includes parents, spouses and children, but at the visa interview, they must still be prepared to answer questions about the change in intention, to determine if fraud occurred.)

US immigration law has the rule, the exception and the exception to the exception.

Kind regards,

ShariM514 Esq.

Customer
great but what if we have the intent to move to the u.s
Customer
what is the fastest way for her to move to the u.s
Customer
she has the Swedish citizenship but she was denied the etsa application because of her arab origina
Customer
at that time we only wanted to visit the u.s
Customer
but now we want to move there
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Shari MoidelEsq, Expert

First of all, eliminate the word "fastest" or even "fast." Everything is backlogged and slow.

Since she has immigrant intention, she should undergo consular processing.

Here's a general overview.

Focus on the "family" aspect.

A "consular processing" case involves USCIS, and then the State Dept./National Visa Center, culminating with a visa interview at the US embassy in the home country.

You need to go through all the explanatory information about these three stages which the US government provides (including fees).

I hereby provide the following links to go over all stages:

1. The case begins with the filing of a fiancee or family or US employer petition with USCIS.

See I-129F petition (for fiancées); I-130/alien petition for existing family members or I-140 (for worker petition information).

Here is the link:

https://www.uscis.gov/i-129F (for fiancees); https://www.uscis.gov/i-130 (for family members) or https://www.uscis.gov/i-140 (for job-based immigration).

2. Once the petition is approved, the case moves to the State Dept./National Visa Center. The NVC will collect many additional documents, such as financial, civil documents, police certificates, electronic online visa application, fees, etc . . .

Here is the link:

www.travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration.html

3. Once the NVC file is complete, the case moves to the US embassy or consulate in the immigrant’s home country.

Therefore, at www.travel.state.gov, link to the relevant US embassy and their website for continued processing details.

Note: In the case of valid marriage to an American citizen, once an immigrant visa application is started, there’s an option to start a simultaneous K-3 visa application, which is designed to bring the immigrant to the US faster. If the K-3 visa is issued and the foreigner is admitted to the US, s/he will have 2 years to apply within the US for “adjustment of status to permanent resident.”

Customer
fiance visa is faster than the marriage visa
Customer
can we safely assume that the marriage visa take around 2 years from beginning to end
Customer
or is it shorter timeline
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Shari MoidelEsq, Expert

If you're married, she's not eligible for a fiancee view.

K-3 visas may or may not make things faster. (Clever of you to avoid "fast" or "fastest.")

Processing times are the hardest to "guess-timate", but immediate relative cases are given priority.

It's not safe to make any assumptions, but I would think about a year to a year and a half, also including your diligence in preparing the various phases of the process.

Customer
we aren't yet out appointment to be married is at 5th of November in sweden
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Shari MoidelEsq, Expert

Your original statement above:

"Hello my name is ***** ***** am a u.s citizen living abroad i got married to a swedish citizen and wanted to know the fastest way i can get her to come to the u.s"

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Shari MoidelEsq, Expert

I would have answered differently!

Customer
ya I meant we did the wedding but legally not yet sorry my bad
Customer
my question now is given that we aren't married yet are her chances higher in getting approved for a tourist visa
Customer
if we are looking to only visit the u.s
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Shari MoidelEsq, Expert

Having been denied ESTA, she must now apply for a visitor visa. But she'll have to establish nonimmigrant intention. Getting married to an American soon will make approval very hard.

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Shari MoidelEsq, Expert

If you would like to ask me an entirely new immigration question in the future, just open a new chat. Put “For Shari” at the outset, and if able, I will answer.

Customer
My situation is as follows:
I am a u.s citizen i got engaged to my fiance back in 2018 we got religiously married in 2019 in sweden but not officially.
My first attempt to get my fiance to Sweden was when my father passed away in November 2020. She got refused the esta application because she is from Syrian origins.
I applied for a visa at the American embassy in cairo and I applied for an emergency appointment due to my father's funeral.
They refused the appointment and gave me an appointment in December 2022.
At April my mother was undergoing big surgery I tried to apply for an emergency appointment once again but they refused that as well.
The american embassy sent me an email hinting there might be earlier appointments to reschedule so I went online and scheduled nov 14th I did not notice the year and it turned out it was nov 2023 and they are refusing to give me my December 2022 appointment back.
I have an appointment in the courthouse in sweden to officially get married to my wife at November 5th 2022.
Here are my questions:
We live in egypt and have no intention to move to the u.s.
I own my business and so does my wife.
We just want to visit my mother and brothers in the u.s for a couple of weeks.
My questions are the following.
1- is it better to continue in the path of tourist visa or do the spouse or engagement visa ?
2- if the answe is yes continue in the tourist visa path. Is it better to attend the appointment with officially married documentations or without.
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Shari MoidelEsq, Expert

Allow me to clarify how Just Answer works, since we're both bound by its terms.

Please understand that Just Answer is for general information and education purposes; not custom case analysis or preparation. For example, “Experts in the Legal category will provide only general information about the law and will not provide legal advice nor propose a specific course of action for a Customer.”

However, if you select a premium service, such as a phone call, we can communicate in greater depth on the Just Answer platform. Our discussion may be sufficient for your needs.

Furthermore, at that point, we will be free to exchange full contact information, including names and numbers, and can speak thereafter via my law office, if needed or desired. (Just Answer would no longer be involved and I am even free to become your actual attorney.)

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