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sahbi Contributor

sahbi   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Morocco
 Timeline
Posted

I have a small case to inquire about. My friend has barely got her Green Card. She has been in a relationship with her man for a long time. Does her situation permit applying for a fiance visa or is it better for her to marry him? and if she happens to apply in her home country, must she stay 6 months with him first?

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SisJ Collaborator

SisJ   13

Posted
Filed: Lift. Cond. (apr) Country: Ghana
 Timeline
Posted

I have a small case to inquire about. My friend has barely got her Green Card. She has been in a relationship with her man for a long time. Does her situation permit applying for a fiance visa or is it better for her to marry him? and if she happens to apply in her home country, must she stay 6 months with him first?

I dont quite understand your question...what do you mean by she barely got her Green Card?? If she's in a realationship with this guy then she can file for K-1 (fiance visa) or they can get married and file CR1.

AOS From B2 Journey

8/13/10: AOS Package Sent

8/16/10: Package Received at Chicago Lock Box

8/26/10: Checks Cleared and Case Transferred to NBC

8/30/10: NOA Text/ Email and Hard Copy

8/31/10: Case Status Appears On USCIS Site

9/9/10: I-130 I-485 I-765 Touched

10/5/10: Called USCIS abt "No Bio Letter" / Service Request

10/13/10: Hard Copy Service Request

10/20/10: I-765 I-485 Touched

10/21/10: I-765 I-485 Touched Again :-)

10/23/10: Biometric Letter Received For Nov 15 App

11/15/10: Biometric Appointment

11/15/10: EAD Approved..... I-485 & I-765 Touched

11/16/10: Card Production Ordered.....I-485 & I-765 Touched

11/19/10: Card Production text and email received again for I-765. I-765 Touched

11/23/10: EAD Received

11/29/10: Applied for ID and SS card

12/04/10: SS card and AOS Interview Letter received

01/04/11: AOS Interview..APPROVED!!!

01/13/11: Green Card Received

ROC JOURNEY

10/09/12: ROC Filed

10/12/12: Package delivered to VCS

10/17/12: Check cashed, but no NOA1 yet.

10/20/12: NOA1 hardcopy received. Dated 10/15/12

11/09/12: Biometrics Notice

12/04/12: Biometrics Done

01/04/13: 2yr GC expires

04/26/13: RFE :-(

05/22/13: REF Response Mailed

06/06/13: Text and Email update: Card production ordered!!!

06/10/13: USCIS update about card mailed!

06/12/13: CARD RECEIVED!!! dancin5hr.gif

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

I dont quite understand your question...what do you mean by she barely got her Green Card?? If she's in a realationship with this guy then she can file for K-1 (fiance visa) or they can get married and file CR1.

She can get married however K-1, CR1/IR1 visa can't be sought since she isn't eligible.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

I have a small case to inquire about. My friend has barely got her Green Card. She has been in a relationship with her man for a long time. Does her situation permit applying for a fiance visa or is it better for her to marry him? and if she happens to apply in her home country, must she stay 6 months with him first?

What do you mean when you say she "has barely got her Green Card?" Has she immigrated to the US? Is all she have is an immigration visa and she is still in her home country?

A green card holder cannot file for a fiance visa, K1. Only a US citizen can petition for a fiance.

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

I have a small case to inquire about. My friend has barely got her Green Card. She has been in a relationship with her man for a long time. Does her situation permit applying for a fiance visa or is it better for her to marry him? and if she happelyens to apply in her home country, must she stay 6 months with him first?

She barely got her green card = she just got her green card.

Your friend CannoT obtain a Fiance/K1 visa for her now man. Why? Because ONLY a US Citizen can request such a visa.

She WILL have to marry him.... No way around this sorry. She isn't required to live with him for six months how ever MUST show pooof that a relationship is in existence.

Based on the current visa cut off date (jan 2008) it will be approx. 3 years for him to get into the United States.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

yes, what i mean she's won the DV Lottery. She lives in U.S. so she didn't get there through marriage.

Doesnt change anything once the status is changed from say TPS to LPR THEN she can marry right away....!

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

but what's best way to apply after marriage? consular or from the states? which is the quickest?

She has to be a us citizen and meet strict residency requirements for this to be possible. Also- the consular section should also offer this service (dcf).

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Looks all of these answers touch the subject but may be confusing. Let me try to tie them up into one nice package.

A lawful permanent resident, which is a Green Card holder, can only petition for a spouse, which in her case would be a husband, or a minor child. She cannot petition for a fiance. In order to petition for a fiance, she would have to be a US citizen. The earliest she can become a US citizen is exactly 5 years after becoming a resident. The exact date is in front of her Green Card where it says: Resident since/ xx/xx/201x.

She could marry her fiance, either in his country or any other country on planet Earth, or, in case her finance has a visa to the US, they even could get married right here in the Land of the Brave and Free.

After they got married, your friend files an I-130 petition, which is a "petition for an alien relative" from the US of A.

Once that petition has been approved, it will be send to the National Visa Center (NVC). These folks take a bit of time and then will eventually contact her to provide an Affidavit of Support via form I-864, basically showing that her income is sufficient to support her foreign husband. Once that's taken care of, her petition will be put into a big ice box and will sleep until her Priority Date becomes available. That will be a few years. Once the PD becomes current, the petition will be send to the US consulate in her husband's country of residence. Basically that's an okay for her husband to apply for an IR-1 visa.

Once the paperwork is done, an interview has taken place, and the fees have been paid, her husband will receive an IR-1 immigrant visa which he will use to travel to the USA. The moment he is "admitted" to the US (arrives there), he will have the status of a LPR, as your friend has it now.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

3 totally off topic posts have been split off and made into their own thread here: http://www.visajourney.com/forums/topic/294181-citizenship-oath-what-does-it-really-mean/

This thread now closed at the OPs request.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

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