marriage with U.S. resident and K-1/3 possible?

[petite soleil 2]

Hello,

I have a friend living in the states and she and her boyfriend are considering to get married. But he is not an U.S. citizen, he just has a greencard and is u.s. resident.

Can you get married to an us resident too or just usc? Thanks for advice.

[Darnell 8,478]

one can marry whomever one wants - but what to file depends on status.

a LPR doesn't qualify to file a petition for an I-129F if seeking a K-1 visa

and

K-1 visas are NOT for married people.

----

Obviously the friend's status is unknown to us, but the man she is to marry - he has a greencard - it's up to him to maintain his LPR status or apply for citizenship.

Is your friend a US Citizen? If so, with the boyfriend holding a green card - USUALLY (and if only needed) the USCitizen Spouse would be the sponser for an adjustment of status - but - rarely is that needed.

---

IF yer friend is here on the VWP and gets married to a LPR, I've no idea what status or even process she'd need to do , to maintain legal presence in the USA.

Edited February 10, 2011 by Darnell

[milimelo 4,479]

Moving topic to Bringing family members of US residents (LPR - green card holders).

OP, your friend can get married but can only file I-130 petition. As he is not a USC, fiancee visa is out of the question and so is K-3 visa (which is dead anyways).

Current wait time for F2A visa category is around 3 years time.

[petite soleil 2]

no my friend is from switzerland and her boyfriend is a greencardholder. And I wanted to know if she is able to marry him with a K1/3?

[YuAndDan 153]

The I-129F for K-Visa REQUIRES proof of US Citizenship, I-129F CANNOT be filed for by a US Resident "Green-Card" holder.

Only option for US Residents it to marry, and then file an I-130 for a spouse visa, which can take years to get, however can be speed up after becoming a US Citizen.

If visiting as an on VWP could marry, HOWEVER there is no way to adjust status, and anyway, USCIS has been getting hard on people using the Visa Waiver Program to Immigrate, VWP is for VISITING, NOT Immigrating. Would need to return to home country and wait out a spousal visa process.

Edited February 10, 2011 by YuAndDan

[Penguin_ie 5,993]

The others gave the correct answer, but maybe it was confusing to you. So I'll try in different words:

K1- no, because only US citizens can file it.

K3- no, because it isn;t used anymore.

Wedding- yes, fiance can come on the Visa Waiver program and get married, no problem, but he cannot stay. He will need to go back home after the 90 days on the VWP. After the wedding (no matter where it takes place), the LPR can file for a spousal visa for her then husband, but there is a waiting period of about 3 years.

[RICARDO4EVA2 194]

no my friend is from switzerland and her boyfriend is a greencardholder. And I wanted to know if she is able to marry him with a K1/3?

No - not with a K1/K3

[sunandmoon 450]

the current priority for the spouse of an LPR is Jan 1, 2008. http://www.travel.state.gov/visa/bulletin/bulletin_5228.html

from USCIS Website. Permanent resident

if your spouse is inside the United States (through lawful admission or parole)

File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See form instructions for more information.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16aa3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=16aa3e4d77d73210VgnVCM100000082ca60aRCRD

[Darnell 8,478]

sunandmoon - ya - that 'maintaining lawful presence' is the bit that will trip HER up, considerably.