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Can I file for a fiancee visa for my wife who is in Poland at the moment, we got married in Poland?

1 Answers. Asked on Aug 20th, 2013 on Immigration - New York
More details to this question:
I am a green card holder since 2010. I met my wife in Poland and in 2012 we got married there. I work in USA and tried multiple times for my wife to come and be with me without success. My wife was denied seven times a tourist visa. We do not know anymore how we can be together. I have not filed for a green card for her because it will take years until she finally can come and be with me. We want to marry in USA as well. Can you tell me as a green card holder do I have right to file for fiancee visa for my wife in order for her to be able to come and stay with me and after we marry in USA I will file for a green card for her? What other options I can consider in order for my wife to come and be with me besides the long waiting time period for the green card application? Thank you for your help!
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Answered on Aug 20th, 2013 at 6:13 PM

Hello. Since you are already legally married, there is no reason to get married again in the US. You cannot file a fiance visa if you are already married and you must be a US citizen. She will always be denied a tourist visa since she is married to a US resident. She must obtain the green card or some work visa.  Applications for spouses of a Permanent Residency is current. Thus, if you had an approved I-130 filed before, she would be able to come this month or September. I would highly recommend filing the I-130 soon. However, we cannot predict how long the cases will remain current.

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Regardless of your situation, U.S. immigration law can be confusing. Are you seeking to come to the United States for pleasure, business or to attend school? Do you want to stay here just temporarily, for a longer period of time or live here permanently? Are you a permanent resident or seeking citizenship? If you want to come to the United States, immigration lawyers can help determine your eligibility for various types of visas and guide you through the application process. If you've already arrived in the United States, an immigration attorney can determine whether you're eligible for permanent residency and if you can bring family members into the country to live with you. Immigration law firms can also work with individuals who have entered the country illegally, overstayed their visas or violated the conditions of their visas and are facing removal or deportation proceedings.
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