LPR action for fiancee


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Hello Murthy Family,

 

I'm a LPR with 1 more year left to before taking oath of citizenship.  I would like to petition my fiancee who has 2 children (both below 18 years old).  We are planning to get married this December.  What kind of visa would my fiancee and his two children get?  He is legally separated and I have never been married.  Should I wait for my citizenship before I marry and petition them?

 

Thank you in advance.

 

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Legally separated is not free to marry. You are committing adultery by having a relationship with someone who is still married. Until he gets a divorce, he cannot get married again.

 

As an LPR, you can petition a spouse with a wait of several years.  As a citizen, you can petition for a spouse with a wait of 6 months to a year in most cases at this time.  You can petition for stepchildren. However, the children must have the mother's permission for them to immigrate.

 

You appear to need assistance in the process based on your questions. See an attorney or social service agency providing assistance to immigrants based on ability to pay.

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It is important to know that in the US "separated" is not as beneficial as "divorced" or "annulled". There are significant differences in all and you need to be very specific when you discuss his marital status and have proper documents when you apply.

 

The most important thing you can have him do now is have proper documents permitting children to come.  Please see an attorney or social service agency assisting immigrants.

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