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Family Law: divorce proceedings, conclusion of marriage (USA)
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Question

Здравствуйте! Посоветуйте куда мне обратиться. Я гр-н США и РФ живу в Москве и С-Франциско. Хотелось бы, чтобы моя гражданская жена (4 года вместе) из Москвы получила Green Card. Как мне поступить, с чего начать? Где оформить наш брак? У нее есть виза в США многоразовая. Мы планируем расписаться в Америке этим летом. Вы не могли бы нас направить в правильное русло? Спасибо.

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Answer

Dear Alex,

As United State Citizen you have right to bring your fiancee or wife in the United States and/or apply for her Permanent Resident Status (green card) outside or in the United States. There are K-1 (fiancee) and K-3 (wife) visas available to her if you wish her to move to US immediately and then receive her green card. You also can apply for the green card when she is in Russia and only after getting the card move to US. There are slightly different procedure for K visas. My preference is K-1. And there are different procedure if you wish her to get the green card in Russia.

But in both cases you have to consider that your fiancee/wife will have her residence in the United States for extended period of time. It does not mean that she cannot travel and be with you when you are in Russia, but you have to be quite careful not to jeopardize the card if she spend more time outside of the US.

It is very difficult to satisfy the INS requirements for the K visas and/or green card application without professional help. If you do it outside of US the "Consular" process is even more complicated. This is hopefully done just once in a life time and you need to have help of competent immigration attorney.

Anatoly Kissen, Esq.
Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
Karina Duvall
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