Permanent Resident Options

[MaRob 0]

I don't know if this is the right forum to post in, but I will try... I have a friend who won the Visa Lottery while she was engaged to be married. They got married and then she came over to the U.S. while he is still in his home country. She is now a permanent resident living here, but since they weren't married before she won the lottery, he wasn't able to come with her. Can she apply for a K3 visa for him or any other type of visa thats legal with intent to immigrate? I read over the guides, but I haven't seen much except for when the spouse is a USC.

Thanks for any and all input!

[YuAndDan 153]

Not K-3, only US Citizens can file I-129F for K-3. She Can only file I-130 for her spouse, F-2a priority immigrant visa.

http://www.travel.state.gov/visa/immigrant...types_1306.html

Currently the processing time for F2A is about 5 years for most countries, some countries are longer.

SEE Bulletin. http://www.travel.state.gov/visa/frvi/bull...letin_1360.html

Edited May 2, 2008 by YuAndDan

[MaRob 0]

So do you think it would be faster for her to naturalize first in 2 years, and then apply for the K3?

[YuAndDan 153]

So do you think it would be faster for her to naturalize first in 2 years, and then apply for the K3?

A LPR can only naturalize after being a US resident for 5 years not 2. She can file the I-130 now, and when she naturalizes in 5 years, then can contact NVC and get the pending I-130 converted from F-2A priority to Unlimited class, it will then go into the normal process for an IR-1 visa.

K-3 is not an option for an LPR, USCIS approves the I-130 and sends it on to NVC where it will sit until a visa number becomes available. I-129F cannot be filed after I-130 approval.

[MaRob 0]

Ok! Thanks so much for your help!

[Gigli2008 70]

I don't know if this is the right forum to post in, but I will try... I have a friend who won the Visa Lottery while she was engaged to be married. They got married and then she came over to the U.S. while he is still in his home country. She is now a permanent resident living here, but since they weren't married before she won the lottery, he wasn't able to come with her. Can she apply for a K3 visa for him or any other type of visa thats legal with intent to immigrate? I read over the guides, but I haven't seen much except for when the spouse is a USC.

Thanks for any and all input!

I know you already had your answer but this has happened before to someone I know. When one applies for the lottery and wins; when you are called to the Consulate it is VERY IMPORTANT to let them know AT THAT POINT that life has changed since you played the lottery and have since been married (or had a child) All consulates have the provision to process the new family and not just the person who played the lotto and issue all with Green Cards. There have been myths that if you bring this up, one would then be ineligible but thats just a myth. Life happens during the waiting and the Consulates understand that. But if the winner does not let them know that life has changed since playing the lotto and gets processed alone, its too late to tie the family together later and once in the US, one has to follow the process like the rest of us "the long long wait"

Edited May 2, 2008 by Gracey