Bringing fiance to USA

[kzielu 1,154]

  On 8/10/2011 at 4:58 AM, psygirl said:

I know that he would need a visa to enter the country, he has a visitor's visa and I know that won't allow him to be employed. I want to file for him as soon as we are married, but it seems as if he will have to wait in our home country, while the filing takes place, right? How long after I file for him should he get his visa? Could he still visit while he is being filed for?

Thanks again for your assistance.

You can file immediately after wedding, then it's 3-4 years wait for visa to become available, and yes he'll have to wait in his country. He can come and visit if he has a visitor visa, but will have to depart after time stamped on his I-94 and can always be denied entry since CBP can suspect immigration intent.

[Channah&Aaron 51]

; You can only file for your fiance when you are United States Citizen. He can work on either a Work Visa or he has to wait until he is further in the process and file for AOS/EAD.

If you were a USC at this time, and decided to get married and file for CR-1, after he passed his interview, he'll receive his GC and automatically work permit at POE.

[bigdog 377]

  On 8/10/2011 at 3:24 AM, psygirl said:

Good night all, I am new to this forum, so please forgive me, if this question has been asked.

My question is: I am from Jamaica and would like to know, after I have received my Permanent Residency to live in the USA, how soon will I be able to file for my fiancé, who is also from Jamaica, to come and live in the USA with me? Also, what is the procedure to do so?

Looking forward to a favourable response and thanks again for assisting me.

First you need your green card. Wait at year to show residency, pay taxes etc. File four your finance, then wait. Welcome to USA.

Edited August 10, 2011 by bigdog

[Barbara J 115]

  On 8/10/2011 at 1:30 PM, bigdog said:

First you need your green card. Wait at year to show residency, pay taxes etc. File four your finance, then wait. Welcome to USA.

Big dog this is wrong she cant petition for a fiance as she is not USC only LPR. An LPR can petition spouse not fiance.

[RICARDO4EVA2 195]

  On 8/10/2011 at 3:28 AM, CeCeJa said:

Hi. I'm also from Jamaica. Finally some company. To answer your questions. You can file for your fiance after a year has passed. You will need to file taxes to sponsor your fiance. After the year has passed you can apply for an i130 form. You can download it from the net or visit your local uscis office when you get there.

A fiance cannot be sponsored.. and wouldnt be with the 130 even so, they would need to be husband/wife for any !30 to be filed and this can be done as soon as they want to be married and file the paperworkk.

  On 8/10/2011 at 7:55 AM, kzielinski said:

You can file immediately after wedding, then it's 3-4 years wait for visa to become available, and yes he'll have to wait in his country. He can come and visit if he has a visitor visa, but will have to depart after time stamped on his I-94 and can always be denied entry since CBP can suspect immigration intent.

BUT not sure about coming to the USA just to get married.. he might be turned back.

[Traveller_123 2]

Ok, here is a second question. My spouse-to-be is an IT professional who would easily qualify for an H1B visa. Could he then secure an H1B visa to work and live in the US, then we get married, then I start filing for him? Could that work, since we would be able to be together while the spousal visa application is being processed?

[kenzie2 3]

  On 8/10/2011 at 11:51 PM, psygirl said:

Ok, here is a second question. My spouse-to-be is an IT professional who would easily qualify for an H1B visa. Could he then secure an H1B visa to work and live in the US, then we get married, then I start filing for him? Could that work, since we would be able to be together while the spousal visa application is being processed?

If your spouse can secure an employer who will sponsor him, then and only then can he live and work in the U.S. before the process is complete.

When my husband became an LPR in 2006, he was petitioned by his mother and he was advised that we could not get maried for a year after he became LPR.

You cannot petition a fiance as a LPR he would have to be your husband, when you file the I-130 for him, USCIS will assign a priority date to your case that will determine when he will be eligible to immigrate to the United States, for September the priority date is Decemebr 2008 so at this point the wait is 2 years and 8 months,

[LIFE'SJOURNEY 970]

  On 8/10/2011 at 11:51 PM, psygirl said:

Ok, here is a second question. My spouse-to-be is an IT professional who would easily qualify for an H1B visa. Could he then secure an H1B visa to work and live in the US, then we get married, then I start filing for him? Could that work, since we would be able to be together while the spousal visa application is being processed?

That could work, but first he must obtain the H1B. Good luck on that one.....

[NigeriaorBust 4,087]

There are thousands of IT people trying to get HB1 visas and most of them don't get one.

[Boiler 46,408]

If he can get a job transfer and both of you can come on a L then problem solved.

[Traveller_123 2]

  On 8/11/2011 at 1:32 AM, kenzie2 said:

If your spouse can secure an employer who will sponsor him, then and only then can he live and work in the U.S. before the process is complete.

When my husband became an LPR in 2006, he was petitioned by his mother and he was advised that we could not get maried for a year after he became LPR.

You cannot petition a fiance as a LPR he would have to be your husband, when you file the I-130 for him, USCIS will assign a priority date to your case that will determine when he will be eligible to immigrate to the United States, for September the priority date is Decemebr 2008 so at this point the wait is 2 years and 8 months,

Ok first off, thank you to everyone who is trying to assist me, I appreciate it.

Ok, kenzie2, this is making some stuff a bit clearer for us. From what you are saying, I would have to get the LPR status first, then we try and get him a H1B visa, then wait a year and then we can get married, and while he is working on the H1B visa, we will be waiting on the process to complete. Will the H1B visa have any effect on him getting to immigrate also? That wait of 2 years and 8 months at present, is pretty long though.

[Boiler 46,408]

Basically no.

[Traveller_123 2]

So, therefore what can we do after I have received my LPR status, for us to be able to married and have him immigrate and be with me. That's all we want at the end of the day.

[milimelo 4,583]

  On 8/12/2011 at 5:33 PM, psygirl said:

So, therefore what can we do after I have received my LPR status, for us to be able to married and have him immigrate and be with me. That's all we want at the end of the day.

Get married, file I-130 and wait for the priority date (PD) to become current. That's it.

[Boiler 46,408]

Or he gets a job move to the US, has he approached his Employer?