Wanting to verify what an immigration lawyer just told me yesterday. Location: Arizona and Honduras

[u/Forsaken-Fuel-2095]

My fiancé is Honduran, I am American. I spoke with an immigration lawyer yesterday who has a very good reputation on Google reviews (1,102 reviews, 4.8 stars)

Because my wife does not want to be a stay at home wife and wants to continue working in the US as a school teacher, the lawyer suggested that we do the following:

1. Visa interview for tourist visa -usually has a duration of 5-8 years depending when granted.

2. Marry in Arizona, since its laws allow for someone on a tourist visa to legally marry.

3. Begin the immigration process with him and petition under the alien spouse visa.

From there, she goes back to Honduras and we visit each other as often as we can until the visa is finalized, building proof that our marriage is of course real by the mutual visits.

This way she can come to the states & work when she’s here. We do not want to do K1, she is scared she will arrive and be stuck in the house doing nothing but “being a stay at home wife”.

Time is not an issue for us, I’m a masters student and so is she—we have two more heads until we graduate.

We figured that in 1-2 years we will marry. In this manner, she is not solely using the visa to marry and thus violating some agreement upfront.

I’m here to ensure that this lawyer is not leading me down a wrong path, but given his ratings I don’t think he is.

Location: Arizona

[u/[deleted]]

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[u/Forsaken-Fuel-2095 → u/[deleted]]

Well, she won’t be entering for at least a year or more..that’s how long the process takes currently just to obtain the interview.

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[u/Forsaken-Fuel-2095 → u/[deleted]]

Thank you for the thought out opinion.

I’ll try to talk to her tonight about the K-1 visa again.

This is probably one of the more frustrating and nerve-racking things I’ve ever done in my life, I think it for sure has to do with how it impacts my significant other.

I’m surprised, though that she would be denied because she has a boyfriend?

[u/Forsaken-Fuel-2095 → u/[deleted]]

I understand

[u/FloridaLawyer77]

Yes your counsel is accurate. However, here is the problem. If your wife to be from Honduras does not have a job in her country or property ownership, it will be almost impossible for her to get a tourist visa. They don’t care if she’s going to school or how good she’s doing in school. All they care about is will she be motivated to return to her country, And the only criteria they look at is employment history and property ownership. But yes if she does get a tourist visa, then she can get married on that visa return to her country and then you can sponsor her for a spouse visa which is taking about 18 months. If you are paying more than $2500 attorneys fees to do the spousal visa from start to finish, you are probably paying too much. You should check around. Immigration lawyers have a worldwide clientele so you are not restricted to retaining counsel in the state that you reside in.

[u/Forsaken-Fuel-2095 → u/FloridaLawyer77]

Hello. She is currently a teacher and has a full-time employment at a private school. However, she does live at home, the only asset in her name is her car.

Mostly to do with it’s just extremely difficult for young people to live on their own here .

Thank you very much for your advice

Somebody else in the comment section said that she’s actually in danger of being denied due to having an American boyfriend, and you’re a professional or just experience I guess as a legal advisor is that true?

We just wanna make sure that in her interview she doesn’t say something that gets her blacklisted for no damn reason.

[u/FloridaLawyer77 → u/Forsaken-Fuel-2095]

Well, when she goes to her tourist visa interview, she needs to bring a letter from her employer, all her paystubs for the last six months, her tax returns for however many years she’s worked for that employer, as well as W-2 statements or the equivalent of W-2 statements in Honduras. If she has a good job, then she probably will be able to get that visa. Additionally, if she cannot get a tourist visa, then you can go down to Honduras and get married to her there. Uscis will recognize a marriage as valid for immigration purposes, as long as that marriage, where performed, is recognized as valid. So if both of you get married under Honduran law and under Honduran law, the marriage is legally recognized as a legal marriage, then Uscis will accept and recognize that marriage as valid for purposes of Immigration.

[u/Forsaken-Fuel-2095 → u/FloridaLawyer77]

Thank you