Trying to bring my fiancee

[dzamiko 0]

Hello,

I am still waiting to receive my green card (should have it by February or March), and I want to bring my fiancee. I am going back to my country in December and I'm planning to marry her. Would I be able to add her to my case so that we receive Green Cards together? is that at all possible and if it is, would I have to re-submit my application and wait another "time period"??

Please advise.

thanks,

Mike

[JenT 0]

You cannot petition for your fiancee/wife unless you are a US Citizen.

[stinger157 0]

Hello,

I am still waiting to receive my green card (should have it by February or March), and I want to bring my fiancee. I am going back to my country in December and I'm planning to marry her. Would I be able to add her to my case so that we receive Green Cards together? is that at all possible and if it is, would I have to re-submit my application and wait another "time period"??

Please advise.

thanks,

Mike

As a permanent resident you are not eligible to be the petitioner for a fiancee visa. But you are eligible to be petitioner for a K-3 visa.

After you married your fiancee you can file the K-3 paperwork for her. It should take around 1 year or longer after the initial application that she can come over permanently.

Edited November 14, 2007 by stinger157

[JenT 0]

I stand corrected. Thanks. But there is a condition:

From the uscis.gov website:

Petition for Alien Relative

Purpose of Form :

For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States. A separate form must be filed for each eligible relative. Please note: USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.

[stinger157 0]

I stand corrected. Thanks. But there is a condition:

From the uscis.gov website:

Petition for Alien Relative

Purpose of Form :

For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States. A separate form must be filed for each eligible relative. Please note: USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.

So apparently longer than 1 year!

[desert_fox 32]

You cannot file for a K-1 nor a K-3. Only a US Citizen can do this.

The only thing that you can do is file an I-130 after marriage and wait until a visa number becomes available.

[payxibka 10,045]

Dependant on the country could be hugely beyond one year....

[JenT 0]

You cannot file for a K-1 nor a K-3. Only a US Citizen can do this.

The only thing that you can do is file an I-130 after marriage and wait until a visa number becomes available.

So I wasn't wrong... I didn't think so. Your clarification is a good one and supports the text I highlighted in red.

Thx - Jen

Edited November 14, 2007 by JenT

[*JG* 2]

Hello,

I am still waiting to receive my green card (should have it by February or March), and I want to bring my fiancee. I am going back to my country in December and I'm planning to marry her. Would I be able to add her to my case so that we receive Green Cards together? is that at all possible and if it is, would I have to re-submit my application and wait another "time period"??

Please advise.

thanks,

Mike

Only a US citizen can petition for his fiance.

[Urge To Race 2]

You cannot file for a K-1 nor a K-3. Only a US Citizen can do this.

The only thing that you can do is file an I-130 after marriage and wait until a visa number becomes available.

[anan 0]

Bad news, for you...

If you look at the processing time, lets say for California Service Center, then you should be able quickly conclude that it will take you about 5 - 7 years (assuming no complications during a process).

I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 6 Months

I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 January 17, 2003

I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 April 30, 2001

I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister April 30, 2001

I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 01, 2005

I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 February 07, 2005

So, as you can see people how applied in January of 2005 are now processed... Bu in reality, they still process people from 2004. I have a friend who were not a US Citizen and applied for 130 for his wife abroad. He waited more then 5 years and nothing moved forward. At that time, he already could be apply for citizenship, so he did it. And after he bacame citizen, he applied again for his wife. So, after 8 or so months his wife were here.

Think about it. Other wise you will get yourself on a long long long long long path...

[stinger157 0]

You cannot file for a K-1 nor a K-3. Only a US Citizen can do this.

The only thing that you can do is file an I-130 after marriage and wait until a visa number becomes available.

So I wasn't wrong... I didn't think so. Your clarification is a good one and supports the text I highlighted in red.

Thx - Jen

We were both right and wrong!

You can apply for a visa when you are a LPR, but you can't do a K-3.

Edited November 14, 2007 by stinger157

[JenT 0]

You cannot file for a K-1 nor a K-3. Only a US Citizen can do this.

The only thing that you can do is file an I-130 after marriage and wait until a visa number becomes available.

So I wasn't wrong... I didn't think so. Your clarification is a good one and supports the text I highlighted in red.

Thx - Jen

We were both right and wrong!

You can apply for a visa when you are a LPR, but you can't do a K-3.

good thing there are smarter people than us around here!

[pushbrk 12,605]

You cannot file for a K-1 nor a K-3. Only a US Citizen can do this.

The only thing that you can do is file an I-130 after marriage and wait until a visa number becomes available.

So I wasn't wrong... I didn't think so. Your clarification is a good one and supports the text I highlighted in red.

Thx - Jen

We were both right and wrong!

You can apply for a visa when you are a LPR, but you can't do a K-3.

good thing there are smarter people than us around here!

Clarification. An LPR can file an I-130 petition, not a visa application. The foreign beneficiary presents a visa application after a petition is approved and, in this case, after a visa becomes available. That visa would not be a K3. It would be an IR1, by the time it became available. In many cases, the LPR petitioner becomes a USC before the visa becomes available. If so, they can indeed file an I-129F petition to go with their earlier filed I-130. This could result in a K3 visa.

The real key issue is that it will take several years for a now LPR's foreign spouse to get a visa.

[Jasman0717 9]

Dependant on the country could be hugely beyond one year....

The Philippines, as an example, would probably be much longer