Boulder, CO Immigration Law Firms & Lawyers

Even though you have committed domestic violence harassment misdemeanors against your wife, that does not preclude you from sponsoring your wife for residence status. However, whether U.S.C.I.S. will approve an I-130 petition where the beneficiary is not present at the interview is highly questionable. I do note that there is a recognized risk during these years of the Trump administration that persons who appear for I-130 interviews and who have final removal orders may be arrested by ICE and subject to immediate removal. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    

If you marry your fiancee and file an immigrant petition, USCIS will process the petition in about 9 months, then transfer the case to the National Visa Center of the Department of State, which will, in turn, send the case to the U.S. Embassy in Canada, which will schedule a consular interview and, after the interview, issue an immigrant visa to your wife. Only the first stage of this process (in USCIS) is fairly predictable; the Department of State and the Embassy can take whatever time they would (usually, you can expect to wait 3-6 months). The fees are $420 for the immigrant petition plus $230 visa fee. As an alternative, your fiancee can come to the U.S. and marry you here. If she comes on a fiancee visa (K visa), she will have to marry you within 3 months, or leave the U.S. Application for a K visa takes about 7 months to be approved and costs $340. If she comes on a B visa or on a visa waiver, it is advisable to wait 3 months before getting married. If your wife in the U.S., you file an immigrant petition for her together with her application to adjust status; the entire process, including the interview at USCIS, can be expected to take from 3 to 9 months; however, your wife should get employment authorization within 3-4 months from the date of filing. The fees are $420 immigrant petition fee and $1070 adjustment of status fee.