What status must the petitioners own immigration status be ?

[Hanshi 0]

Hi,

I have searched the site and Google but thought I would ask here for clarification also.

What does the immigration status of the petitioner have to be. My fiance has lived in the US since she was a child, she has a green card and is a permanent resident, but we are unsure if she is eligible to file a K1 petition.

Any help or advice would be greatly appreciated.

Edited September 30, 2008 by Hanshi

[chikita 0]

As far as I know she needs to be an American citizen to qualify for a K1 visa.

[pushbrk 12,901]

As far as I know she needs to be an American citizen to qualify for a K1 visa.

The instructions that come with the I-129F itself will tell you directly that...

You may file this petition if:

1. You are a U.S. citizen, and

[Penguin_ie 5,994]

Yep for the K1 fiance visa the petitioner needs to be a USC, but you could get married in your country and then your wife can file for a spousal visa as a green card holder.

[pushbrk 12,901]

Yep for the K1 fiance visa the petitioner needs to be a USC, but you could get married in your country and then your wife can file for a spousal visa as a green card holder.

Yes, but as a practical matter, no action would be taken on the petition for several years or until the petitioner becomes a citizen, whichever occurs first.