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artsy22

fiance or spouse visa??

By artsy22 in K-1 Fiance(e) Visa Process & Procedures

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artsy22 Newbie

artsy22   0

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Filed: Timeline
Posted

can somebody give me their opinion.. i'll be in my 2nd year of staying here in the US in october. i am planning on going home to the phil. on june for my bf of five years is there. is it better if i wait for my naturalization to petition him as fiance or should we just go ahead and get married so i can start filing his petition as spouse? badly needs advice. :wacko:

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)

can somebody give me their opinion.. i'll be in my 2nd year of staying here in the US in october. i am planning on going home to the phil. on june for my bf of five years is there. is it better if i wait for my naturalization to petition him as fiance or should we just go ahead and get married so i can start filing his petition as spouse? badly needs advice. :wacko:

You have not provided any background information about yourself, so it makes giving advice extremely hard. Please provide more information.

What does by "i'll be in my 2nd year of staying here in the US" mean? Are you an LPR? Are you here on a non-immigrant visa?

If you have only been an LPR for 2 years, then it will be another 3 years before you can naturalize. It will take up to a year for you to get your US citizenship. After getting US citizenship, it would be another 6-12 months for you to petition for a fiancee. After your fiancee gets here, you would have to marry and file to adjust his status. Adjusting status is another process that means fore fees. It will take around 6 months for him to get his green card, and about 2-3 months after marriage for him to get AP/EAD which would allow him to legally work. So, 2-3 months of him not being able to legally work after he gets here. That's at least 5 years total.

If you marry him now, you can file for him as an LPR. It would take 3 years. He would immediately get a green card when he enters the US. He would not need to apply to adjust his status (this is why this route is cheaper). Also, he would immediately be able to work.

If you have only been an LPR for 2 years, it is better to marry now and start the paperwork now based on the little information you have provided.

Edited by aaron2020
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Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

Have a look at the comparisons here http://www.visajourney.com/content/compare

:guides: and decide what is best for you.

No one here knows your situation better than you, they can tell you what they did or would do but it is best if you make up your own mind :)

Good luck!

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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didopage Experienced

didopage   337

Posted
Filed: Citizen (pnd) Country: France
 Timeline
Posted

If you are currently a green card holder (permanent resident=LPR), I also believe that get married and file a petition as a spouse is the cheapest, easiest and fastest way...

But as aaron2020 said, you need to provide more informations. LPR? If yes, for how long?

K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

oh sorry.. yes, I'm a legal permanent resident and it'll be my second anniversary here in the US in october. wow that's a lot of numbers i see there from aaron's. thanks!

How did you get your green card? Who petitioned for you to get a green card?

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didopage Experienced

didopage   337

Posted
Filed: Citizen (pnd) Country: France
 Timeline
Posted

I'm not sure as an LPR are you allowed to file a K1 fiance Visa, or is that only reserved for US Citizens?

No, LPR can't petition for a fiance, that's why OP asked for opinions on 2 options: wait for her naturalization to be done to petition for a fiance visa, or get married and file for a spousal visa while being a LPR.

K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

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