Pottsboro, TX Immigration Law Firms & Lawyers

You and your fiancée should submit sworn statements concerning the efforts that you have made in attempting to obtain the required evidence of her husband’s death. Those should include all efforts made with the Syrian government. U.S.C.I.S. is generally unwilling to accept secondary evidence without proof that efforts have been made to obtain primary evidence, in this case a death certificate from the local government where he perished. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Generally, the immigration process is faster if all is done in the USA, however, there are typically many competing interests and some complex legal considerations. I typically spend about 30 minutes with a couple in this scenario, going over all the possible options based on their specific facts and desires.

If you marry, he could file an I-130 but it would take awhile to be approved. So, you are right that you should maintain an underlying no immigrant status. Before you file an I-130, consider applying for an F-1 at a U.S. consulate as it is faster. A change of status to F-1 in the U.S. will take 8 months and will be denied if your J-1 expires in the interim. You also cannot attend classes until you have an F-1.