ALLAN WERNICK: Marrying fiancé(e) in their home country is faster route to permanent residence

Q. I want to bring my boyfriend here from abroad. I’m a U.S. citizen, so I am considering filing a K fiancé visa petition for him. Is it better for me to bring him here on a fiancé(e) visa or travel to his country and marry him there?

A. A, New York

A. You may get your boyfriend here faster if he comes on a K fiancé visa. However, he’ll get his permanent residence faster if you go to his country and marry him. Here’s why. Processing a K fiancé case is sometimes faster that an immigrant visa case. If you marry him in his country, then file a permanent residence petition for him, U.S. Citizenship and Immigration Services form I-130, Petition for Alien Relative, it could take longer for him to get to the United States. However, he will enter as a permanent resident. Upon entry, he can begin counting time toward U.S. citizenship.

If your fiancé enters on a fiancé(e) visa, he will need to apply for permanent residence here with a wait of another 18 months or so.

Q. My husband came here on a J-1 exchange visitor visa. He was subject to the two-year residence requirement for J-1 visa holders. He applied to have the two-residence requirement waived, but he got tired of waiting and returned to his home country. After he left, the waiver came through. Now he’s considering coming back to New York on new J-1 visa. Is that a good idea? I’m a U.S. citizen born and raised in New York.

N., Brooklyn

A. If your husband enters on a new J-1 visa, he may again become subject to the two-year home residence requirement. The J-1 exchange visitor program allows citizens of foreign countries to study and work here. J-1 visitors include students, researchers, camp counselors, even childcare workers (au pairs).

As a condition of their coming here, some J-1 exchange visitors must return home for two years before getting permanent residence or get that requirement waived. Your husband got a waiver. If he comes with a new visa on a program with a home residence requirement, he’ll need another waiver before he can get an immigrant visa. Speak to an immigration law expert about his options.

Allan Wernick is an attorney and Senior Legal Adviser to City University of New York’s Citizenship Now! project. Email questions and comments @allanwernick.com. Follow him on Twitter@awernick.