Spouse Visa or Fiance Visa

[MitalJinal 2]

Hello VJers,

I need some information.

One of my friend has Green Card and intends to get married to a girl in India.

What process should he follow so that he can bring the girl to USA? Is it I-130 (spouse visa) or I-129 (Fiance Visa)?

As per my readings, he may not be eligible for I-129 as he is not an US citizen.

His only option is to get married in India and file I-130 for his wife, but this will take more time. Am I correct?

Your inputs are welcome.

Thanks!

[TimeTravel 78]

His only option is to get married in India and file I-130 for his wife, but this will take more time. Am I correct?

CR-1/IR-1 may take extra 2 months time compare to K1 Visa. But it really depends! May or may not.

[kzielu 1,149]

Correct - for a green card holder he will need to send I-130 and wait for priority date to become current - about 3 years of waiting.

[nickbits 43]

Correct - for a green card holder he will need to send I-130 and wait for priority date to become current - about 3 years of waiting.

That doesn't apply for immediate relatives.

[Therealworld 90]

If he is a permanent resident it will take about 3-5 years unless he becomes a US citizen in the process and then it will change the status.

[lubnajavid 20]

That doesn't apply for immediate relatives.

I am a LPR - filed i-130 for my wife - i WILL be waiting for the PD to be current.

So it does apply for immediate relatives - key here is the fact that the OP's friend is a LPR - so he can only petition for a spouse via i-130 and wait.

Depending on how much time he has left to file for N-400 - i would recommend doing what he can as soon as he can.

It took me 8 months to get my NOA2 for the i-130 and IR1/CR1 filers were waiting 6 to 7 months in the same period - do what you can now - dont wait.

[MitalJinal 2]

Thank you all for your valuable inputs.

Based on your answers, I assume that it might more time (3+ years) for him to bring his wife to US.

In that case, what would be the fastest way for him to bring his wife over here legally?

[Deep2009 18]

There is nothing legally now to bring her quickly...the options are below -

1. Get married, file I130, when he becomes USC, change status.

2. Become USC, get married, file I130.

Edited April 19, 2012 by Deep2009

[kzielu 1,149]

That doesn't apply for immediate relatives.

Of course it does.

[Athena June 37]

That doesn't apply for immediate relatives.

I think that you are forgetting that spouses and minor children of permanent residents are not considered as immediate relatives under the current law.

OP, your friend is indeed not eligible to file for a fiance visa since he is a permanent resident. As others have said, he will need to marry his fiancée, file I-130 and then wait for their priority date to become current. He can see the current cut-off dates here: http://travel.state.gov/visa/bulletin/bulletin_1360.html.

If he becomes a citizen before their priority date is current, he can upgrade his petition. His wife would then be considered an immediate relative and would no longer be subject to the annual numerical limits.

The only other, possibly faster, option would be for the OP's wife to find a company to sponsor her for an H1B visa, but this can be difficult too as she would need to have skills that the company cannot find in the US.

[aleful 1,905]

Hello VJers,

I need some information.

One of my friend has Green Card and intends to get married to a girl in India.

What process should he follow so that he can bring the girl to USA? Is it I-130 (spouse visa) or I-129 (Fiance Visa)?

As per my readings, he may not be eligible for I-129 as he is not an US citizen.

His only option is to get married in India and file I-130 for his wife, but this will take more time. Am I correct?

Your inputs are welcome.

Thanks!

ditto to the others, residents cannot file for the K1 fiance visa. only USC can bring fiances to marry in the US. LPR have to marry and their spouses aren't consideres immediate relatives. the wait is 3 years more or less. the only way to bring the spouse faster is if he can become a USC.

[Athena June 37]

The only other, possibly faster, option would be for the OP's wife to find a company to sponsor her for an H1B visa, but this can be difficult too as she would need to have skills that the company cannot find in the US.

Oops, sorry, of course I meant the friend's fiancée

I also wanted to add that if they want to be reunited fast, the best course of action, in my view, is to get married and file the petition quickly. It's good for them to do some research on available options, but they shouldn't waste too much time looking for an alternative solution. If there was a faster way, everyone on this forum would have taken advantage of it already. My husband and I postponed our wedding because we did not want to spend the first few years of our marriage living on different continents and we hoped that I would be able to get a work visa and join him in the US that way. This turned out to be impossible and in the end we decided to bite the bullet and join the F2A queue. Had we married as soon as we got engaged, our priority date would be current about now and the wait would be over - instead, we have at least one more year to go.

[MitalJinal 2]

Thank you all.