I need help with these please...

[Bedoskie 0]

Hello all! I need help with this: My fiancee is in the US currently, she's not a green card holder yet. she just got employement and her employer are going to be filling for her to get a green card, which could take like 7 months from now.The thing is, she cant come to me with the paper work she currently has, pending when she gets the green card, and we need to get married this year. I wouldnt want her to come home to me, and not be able to go back to the US. Again, i need to know if it's possible that her employer includes me in the filling, so that as she gets hers i'll get mine. or is it that i must wait till she gets her green card before i can start processing an immigrant visa? and even when she gets the green card will i be qualified for an immigration visa or fiance, as we wont be married then, or should we get married before/after she gets the green card? i need help pls...thank you all

[ikarus 1]

Hello all! I need help with this: My fiancee is in the US currently, she's not a green card holder yet. she just got employement and her employer are going to be filling for her to get a green card, which could take like 7 months from now.The thing is, she cant come to me with the paper work she currently has, pending when she gets the green card, and we need to get married this year. I wouldnt want her to come home to me, and not be able to go back to the US. Again, i need to know if it's possible that her employer includes me in the filling, so that as she gets hers i'll get mine. or is it that i must wait till she gets her green card before i can start processing an immigrant visa? and even when she gets the green card will i be qualified for an immigration visa or fiance, as we wont be married then, or should we get married before/after she gets the green card? i need help pls...thank you all

From your post I'm deducing you're not a us citizen, is that correct? and neither is your fiancee?

Anyway, no, her employer cannot include you in the visa, as you're not working for them. Now, if she just got her employment, is she on work visa? Because it would take a while to get the green card if that's the case....

And if she only has a green card, I don't see how you can qualify for an immigration visa given that your fiance is not a us citizen.

So you need to get married after she has her green card so that she can return to the usa.

[Gary and Alla 3,694]

Hello all! I need help with this: My fiancee is in the US currently, she's not a green card holder yet. she just got employement and her employer are going to be filling for her to get a green card, which could take like 7 months from now.The thing is, she cant come to me with the paper work she currently has, pending when she gets the green card, and we need to get married this year. I wouldnt want her to come home to me, and not be able to go back to the US. Again, i need to know if it's possible that her employer includes me in the filling, so that as she gets hers i'll get mine. or is it that i must wait till she gets her green card before i can start processing an immigrant visa? and even when she gets the green card will i be qualified for an immigration visa or fiance, as we wont be married then, or should we get married before/after she gets the green card? i need help pls...thank you all

No, you cannot come on her work visa.

A person must be a US citizen to petition a fiance. After she receives a green card (US permanent resident) she could petition her husband. She must first receive US residency, return to Nigeria, marry you then petition you as her husband. She could marry you at any time, but she will need to return to do it, then return to the USA. She may not be able to do that until she has a green card

[Bedoskie 0]

Thank you Ikarus and Alla for the prompt responses, i appreciate.

But please, how long does it normally take to get an immigrant visa, if she petitions for me after she gets her green card, and we are married?

Thank you again..

[ikarus 1]

Thank you Ikarus and Alla for the prompt responses, i appreciate.

But please, how long does it normally take to get an immigrant visa, if she petitions for me after she gets her green card, and we are married?

Thank you again..

YOu can look on this site for statistics; the visa could take from 3 months up to a year....I would just do a search on this site and look at people statistics to see how long it took them.

[Gary and Alla 3,694]

Thank you Ikarus and Alla for the prompt responses, i appreciate.

But please, how long does it normally take to get an immigrant visa, if she petitions for me after she gets her green card, and we are married?

Thank you again..

AFTER you are married she can file the petition. Minimum 12 months from then, my guess is, a male from Nigeria being petitioned by a non-US citizen...MUCH longer

[Mrs. Disney 0]

Thank you Ikarus and Alla for the prompt responses, i appreciate.

But please, how long does it normally take to get an immigrant visa, if she petitions for me after she gets her green card, and we are married?

Thank you again..

AFTER you are married she can file the petition. Minimum 12 months from then, my guess is, a male from Nigeria being petitioned by a non-US citizen...MUCH longer

Yeap, I know someone from Nigeria who was in the same situation. It took two years for him to file for his fiancee, who was also Nigerian (two years until the green card holder got the permanent green card). Sorry.

[Marina-Del 10]

Yeah, you're in for a long wait, for sure. I'm sorry.

But since she cannot petition for a fiance (as she is not a US cit) then you two need to get married first. When she comes back to Nigeria, you should get married so that when she does get her green card she can go ahead and file for her husband to come.

Good luck

[Zee Bee 61]

Thank you Ikarus and Alla for the prompt responses, i appreciate.

But please, how long does it normally take to get an immigrant visa, if she petitions for me after she gets her green card, and we are married?

Thank you again..

AFTER you are married she can file the petition. Minimum 12 months from then, my guess is, a male from Nigeria being petitioned by a non-US citizen...MUCH longer

Actually this is not true.

If you check out the visa bulletin ( http://travel.state.gov/visa/frvi/bulletin...letin_4497.html ) they are currently processing petitions from December 2004 (spouses are category 2A). In this case, it can take about 4-5 years for an LPR to petition a spouse. The only one which is longer is Mexico.

Thank you Ikarus and Alla for the prompt responses, i appreciate.

But please, how long does it normally take to get an immigrant visa, if she petitions for me after she gets her green card, and we are married?

Thank you again..

AFTER you are married she can file the petition. Minimum 12 months from then, my guess is, a male from Nigeria being petitioned by a non-US citizen...MUCH longer

Yeap, I know someone from Nigeria who was in the same situation. It took two years for him to file for his fiancee, who was also Nigerian (two years until the green card holder got the permanent green card). Sorry.

An LPR cannot petition a fiance(e)

[Gary and Alla 3,694]

Thank you Ikarus and Alla for the prompt responses, i appreciate.

But please, how long does it normally take to get an immigrant visa, if she petitions for me after she gets her green card, and we are married?

Thank you again..

AFTER you are married she can file the petition. Minimum 12 months from then, my guess is, a male from Nigeria being petitioned by a non-US citizen...MUCH longer

Actually this is not true.

If you check out the visa bulletin ( http://travel.state.gov/visa/frvi/bulletin...letin_4497.html ) they are currently processing petitions from December 2004 (spouses are category 2A). In this case, it can take about 4-5 years for an LPR to petition a spouse. The only one which is longer is Mexico.

Thank you Ikarus and Alla for the prompt responses, i appreciate.

But please, how long does it normally take to get an immigrant visa, if she petitions for me after she gets her green card, and we are married?

Thank you again..

AFTER you are married she can file the petition. Minimum 12 months from then, my guess is, a male from Nigeria being petitioned by a non-US citizen...MUCH longer

Yeap, I know someone from Nigeria who was in the same situation. It took two years for him to file for his fiancee, who was also Nigerian (two years until the green card holder got the permanent green card). Sorry.

An LPR cannot petition a fiance(e)

Not to belabor a point, but I DID say "MUCH longer" than 1 year. 9-12 months seems to be about average for some CR-1s but I suspected an LPR petitioning a spouse from Nigeria would be much longer than that. Thanks for your research and more precise answer.

[Zee Bee 61]

Not to belabor a point, but I DID say "MUCH longer" than 1 year. 9-12 months seems to be about average for some CR-1s but I suspected an LPR petitioning a spouse from Nigeria would be much longer than that. Thanks for your research and more precise answer.

My post was to clarify that the length of time is not because the spouse is from Nigeria but because that is the timeline for all LPRs petitioning for a spouse. The only one which was longer was for LPRs from Mexico.

[clueless_in_usa 8]

Hello all! I need help with this: My fiancee is in the US currently, she's not a green card holder yet. she just got employement and her employer are going to be filling for her to get a green card, which could take like 7 months from now.The thing is, she cant come to me with the paper work she currently has, pending when she gets the green card, and we need to get married this year. I wouldnt want her to come home to me, and not be able to go back to the US. Again, i need to know if it's possible that her employer includes me in the filling, so that as she gets hers i'll get mine. or is it that i must wait till she gets her green card before i can start processing an immigrant visa? and even when she gets the green card will i be qualified for an immigration visa or fiance, as we wont be married then, or should we get married before/after she gets the green card? i need help pls...thank you all

Mr. Bedoskie,

I decided to join VJ because I noticed that the answers already provided to your question are very much misinformed and I want to give you the RIGHT answer (if my assumptions are correct).

My assumptions are that both you and your girlfriend/fiancee are both foreign citizens (probably both from Nigeria). Also, I assume that your woman will be given or already has an H-1 visa (or any other multi-purpose visa that allows her to work here like L-1) to be able to work in the USA while her Green Card gets processed.

If both those assumptions are right, here is the RIGHT answer to your question:

1) You should marry your fiancee/girlfriend soon. The sooner the better. That way, when she applies for an H-1 visa in her local consulate, she can apply for you as a dependent and you will be granted an H-4 visa. The H-4 visa ONLY allows you to legally accompany her into the USA while she works. If she already has the visa, then you should marry and then YOU (alone) should go back to your country to get the corresponding dependent visa.

2) Once she comes (hopefully with you) to USA and starts working, she should start her application for a Green Card sponsored by her employer, as you explained in your question. But if she is already working here legally, continue reading. First she needs to be approved for a labor certification. Then, she needs to get a visa number and be approved for the I-140. It is at this moment when she must be married to you to take advantage of the third step.

3) After the I-140 is approved, she needs to submit an application called I-485, which is the final step of the Green Card process. At this point, if you are still married, you can apply for a Green Card jointly and you both will get PERMANENT Green Cards (WITHOUT CONDITIONS).

So, if my assumptions above were correct, this is the process you should follow to be together in the USA from the time she is allowed to start working here. No matter what you both decide to do, if you are really serious about getting married, make sure you GET MARRIED any time BEFORE she submits the I-485 (may take a couple of years for this to happen) because that will allow both of you to apply for Green Cards together, without waiting for priority numbers, like other people said. Priority processing is only a requirement if you wait to get married until AFTER she gets the Green Card.

I hope this helps. You should take advantage of this process, which allows both of you to be together all the time, instead of the separation requirement that the US government imposes on USCs who want to marry foreign nationals.

Good luck!

[Kathryn41 3,205]

Moved from K-1 fiancee visa as General Immigration forum is more appropriate

[caybee 21]

Hello all! I need help with this: My fiancee is in the US currently, she's not a green card holder yet. she just got employement and her employer are going to be filling for her to get a green card, which could take like 7 months from now.The thing is, she cant come to me with the paper work she currently has, pending when she gets the green card, and we need to get married this year. I wouldnt want her to come home to me, and not be able to go back to the US. Again, i need to know if it's possible that her employer includes me in the filling, so that as she gets hers i'll get mine. or is it that i must wait till she gets her green card before i can start processing an immigrant visa? and even when she gets the green card will i be qualified for an immigration visa or fiance, as we wont be married then, or should we get married before/after she gets the green card? i need help pls...thank you all

Mr. Bedoskie,

I decided to join VJ because I noticed that the answers already provided to your question are very much misinformed and I want to give you the RIGHT answer (if my assumptions are correct).

My assumptions are that both you and your girlfriend/fiancee are both foreign citizens (probably both from Nigeria). Also, I assume that your woman will be given or already has an H-1 visa (or any other multi-purpose visa that allows her to work here like L-1) to be able to work in the USA while her Green Card gets processed.

If both those assumptions are right, here is the RIGHT answer to your question:

1) You should marry your fiancee/girlfriend soon. The sooner the better. That way, when she applies for an H-1 visa in her local consulate, she can apply for you as a dependent and you will be granted an H-4 visa. The H-4 visa ONLY allows you to legally accompany her into the USA while she works. If she already has the visa, then you should marry and then YOU (alone) should go back to your country to get the corresponding dependent visa.

2) Once she comes (hopefully with you) to USA and starts working, she should start her application for a Green Card sponsored by her employer, as you explained in your question. But if she is already working here legally, continue reading. First she needs to be approved for a labor certification. Then, she needs to get a visa number and be approved for the I-140. It is at this moment when she must be married to you to take advantage of the third step.

3) After the I-140 is approved, she needs to submit an application called I-485, which is the final step of the Green Card process. At this point, if you are still married, you can apply for a Green Card jointly and you both will get PERMANENT Green Cards (WITHOUT CONDITIONS).

So, if my assumptions above were correct, this is the process you should follow to be together in the USA from the time she is allowed to start working here. No matter what you both decide to do, if you are really serious about getting married, make sure you GET MARRIED any time BEFORE she submits the I-485 (may take a couple of years for this to happen) because that will allow both of you to apply for Green Cards together, without waiting for priority numbers, like other people said. Priority processing is only a requirement if you wait to get married until AFTER she gets the Green Card.

I hope this helps. You should take advantage of this process, which allows both of you to be together all the time, instead of the separation requirement that the US government imposes on USCs who want to marry foreign nationals.

Good luck!

The OP stated that his fiancee is already in the U.S., and he is afraid if she travels to Nigeria to marry him, she won't be allowed back into the U.S. It is very unlikely that he will be allowed into the U.S. to marry her. Given this, I don't know how they can marry and follow what you've outlined before she has her green card.

[clueless_in_usa 8]

They have a choice: either to find a way to get married or not be together during five or more years. I only wanted to make sure that they made an Informed decision.

If I were in their situation and had the money, I would buy two tours to Puerto Rico, for example, and get married at the beach there. Nothing illegal. Both are foreigners and can marry wherever they want as long as they satisfy the laws of such country. And in a US dependency she won't have to leave the USA.