I am a born US Citizen and would like to marry an individual who resides in the UK. He is there on a student visa and will be returning back...

Question

I am a born US Citizen and would like to marry an individual who resides in the UK. He is there on a student visa and will be returning back to his country(Pakistan) in April. I was wanting to go visit in January or February (depending when my employment will allow me to take vacation) and get married. When I return and when he goes back home to his country I wish to sponsor him to come stay with me in the US. I am a mother of 5 and need to have him come live with me and help with my children and start a life together. Is it ok for me to go marry him in the UK or do I have to go to his country Pakistan to do so. I know the application has to be initiated from Pakistan but what about the marriage. It is easier for me to travel to the UK then to Pakistan with the children. What does the US embassy require for marriage spousal visa?

Answer

You may marry where it is convenient for you.

You can also find more information on marriage-based immigration on my web site here:

http://www.smartimmigrationlawyer.com/spouse-visa/spouse-visa-requirements/

Answer

It does not matter where you get married. The U.S. Consulate where you spouse resides at the time of filing will adjudicate the case once the I-130 is approved.

My concern is that as the Petitioner, you must show that you have the ability to financially support the Beneficiary. Since you already have 5 children, you are going to have to meet the poverty guideline for 7 people. If you cannot do so, you will need to find a co-sponsor, who is a U.S. citizen or U.S. Legal Permanent Resident, who is making enough money to qualify. This is what I foresee is going to be your biggest obstacle in getting a "greencard" for your prospective spouse.

You can find out more information about petitioning a spouse via the U.S. Consulate at the U.S. Department of State website: www.travel.state.gov & click on the "visas" link (you would be applying for his "immigrant visa"). You can also go directly to the U. S. Consulate website for the city/country that you anticipate he will be applying at for more information, as well.

Good Luck!