Posted 23 March 2013 - 07:10 PM
Folks, first of all, I would like to be clear upfront - I am not an immigration attorney; however, I have married someone from Asia (female) and this is how we did it in the USA:
She came over on a 6 mos. tourist visa. We got married before the visa expired. I did all the paperwork with USCIS myself (no attorney hired or needed as just because I may look stupid, surprisingly, I'm quite good at paperwork).
After our legal marriage, I was able to file the proper forms which were me taking financial responsibility for her, her application for temporary residency, her application for work permit. She had to gather all sorts of documents from her country (birth certificate, residency certificate, etc. - all explained on the application instructions).
It was a pain in the ass but not really too difficult. The process requires her to get a physical, go through the bio process (photos, fingerprints, etc.) and you have to write a rather large check to the USCIS. After all this, it takes about 6 mos. to get a temporary resident permit (good for 2 years), after which you have to fill out another form, write another rather large check, go through ANOTHER bio visit and then she can get a permanent resident card.
A major point is that once the paperwork is filed out, she can overstay her visa and not have to return to her country. If you go through the fiancé visa route, she cannot enter the country until it is granted and it can take 6 - 12 months to get approved. Long distance relationships are tough to maintain and if you have to wait a year to actually have your fiancé by your side, you may find that your relationship suffers as a result.
Now, this long winded posting is written for a male / female relationship. As a few states recognize same-sex marriages, I am not sure if the federal government will recognize and grant a permanent resident visa based on these liberal states laws. You can call the USCIS toll free number and ask that question (which I would advise).
The other alternative is to "hire" your LB lover as an employee and sponsor her immigration. After the required time in country, in residence, she can apply for a permanent resident card (visa) and once granted, if you live in a liberal state, pursue your marriage.
Knowledge is Good - E. Faber (Animal House)