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janeyjaden

i need advices :)

By janeyjaden in Bringing Family Members of Permanent Residents to America

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janeyjaden Rookie

janeyjaden   0

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Filed: Country: Philippines
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hello, my name is Jane 18, im from the philippines. my boyfriend is leaving at the 20th of january as an immigrant in Chicago. it's hard that we will be far away from each other cause we have a 1 year old son. my question is, how long will it take for him to petition me and our child and what type of visa should we apply for? should we apply for a k1 visa? we are not yet married and please help me what kind of visa should we apply for? which would be easier k1 or spouse visa? im looking forward to be with him in the US with our child. thanks!

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Penguin_ie
Penguin_ie

There are some different factors, it all depends on how he is moving to the USA: - If he is not a US citizen, he cannot petition you for a fiance visa. He would need to be a greencard holder for 5 y

milimelo
milimelo

Because he was petitioned under F2A which requires him to be single upon entry to the US. When he activates his visa, he can go back and get married and file for his wife and child. 2.5 yrs wait, but

bigdog
bigdog

I would suggest you read the VJ guides that apply to both of you and directly on the USCIS site for information, then after having a base of information come back and you will be much more informed.

Penguin_ie Grand Master

Penguin_ie   5,993

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Filed: Citizen (apr) Country: Ireland
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There are some different factors, it all depends on how he is moving to the USA:

- If he is not a US citizen, he cannot petition you for a fiance visa. He would need to be a greencard holder for 5 years, then naturalise (several months), then petition for you (several more months), so it would be a total of about 6-7 years until you could move to the USA.

- If you get married now, before he leaves, he can petition for you as his spouse as soon as he has his greencard, and it will take about 2.5 years. HOWEVER- for some visas (such as child of a greencard holder visa), he must be single when entering the USA so this may not be an option.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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BaBamSam Community Regular

BaBamSam   239

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Filed: K-1 Visa Country: United Kingdom
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and additional question how long will it take him to file a k1 visa for me?

The guides here would help answer this. It'll take about 6-8 months (average right now) to get the petition approved, but then it will take another couple of months to get the visa approved depending on your embassy.

Also, listen to what Penguin (above) says. My estimate is based on the assumption that he is a USC, but if he's not then ignore me.

Edited by BaBamSam

I am the USC/petitioner.

Our K-1 Journey
12/19/2012 - Mailed I-129F via USPS Express
12/21/2012 - I-129F arrives in Lewisville, TX according to USPS tracking (delayed because it's the USPS)
12/21/2012 - NOA1 date of receipt
12/26/2012 - NOA1 received via text/email
12/27/2012 - Checked cashed by USCIS
12/31/2012 - Alien Number changed (NOA1 hardcopy in post, but was away for 2 weeks prior)

05/16/2013 - NOA2 received via text/email

05/20/2013 - NOA2 hardcopy received in post

05/28/2013 - NVC receives packet and assigns London case number

07/15/2013 - Sent all paperwork/medical complete

08/23/2013 - Receive Interview Date

09/19/2013 - Interview

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janeyjaden Rookie

janeyjaden   0

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Filed: Country: Philippines
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Posted (edited)

There are some different factors, it all depends on how he is moving to the USA:

- If he is not a US citizen, he cannot petition you for a fiance visa. He would need to be a greencard holder for 5 years, then naturalise (several months), then petition for you (several more months), so it would be a total of about 6-7 years until you could move to the USA.

- If you get married now, before he leaves, he can petition for you as his spouse as soon as he has his greencard, and it will take about 2.5 years. HOWEVER- for some visas (such as child of a greencard holder visa), he must be single when entering the USA so this may not be an option.

thank you so much your reply helped a lot. our parents thought about marrying before leaving but yes he must be single :( how about he marry me after few months while waiting or after receiving his green card? would it be easier? or still have to wait 6 to 7 years? marry christmas to you! :)

Edited by janeyjaden
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janeyjaden Rookie

janeyjaden   0

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Filed: Country: Philippines
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The guides here would help answer this. It'll take about 6-8 months (average right now) to get the petition approved, but then it will take another couple of months to get the visa approved depending on your embassy.

Also, listen to what Penguin (above) says. My estimate is based on the assumption that he is a USC, but if he's not then ignore me.

he's not yet in the US. he will be leaving at the 20th of January, he;s not yet a USC :)

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BaBamSam Community Regular

BaBamSam   239

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Filed: K-1 Visa Country: United Kingdom
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he's not yet in the US. he will be leaving at the 20th of January, he;s not yet a USC :)

Depending on the type of visa he is going to enter with, it is possible that if you were married you could join him as a dependent. I'm not very familiar with those visa regulations, but perhaps you could poke around other forums and check up on it on the US immigration pages? I know that dependents of students and employees can often enter on certain visas (F-2 for F-1 visas, is the one I've personally heard of).

I am the USC/petitioner.

Our K-1 Journey
12/19/2012 - Mailed I-129F via USPS Express
12/21/2012 - I-129F arrives in Lewisville, TX according to USPS tracking (delayed because it's the USPS)
12/21/2012 - NOA1 date of receipt
12/26/2012 - NOA1 received via text/email
12/27/2012 - Checked cashed by USCIS
12/31/2012 - Alien Number changed (NOA1 hardcopy in post, but was away for 2 weeks prior)

05/16/2013 - NOA2 received via text/email

05/20/2013 - NOA2 hardcopy received in post

05/28/2013 - NVC receives packet and assigns London case number

07/15/2013 - Sent all paperwork/medical complete

08/23/2013 - Receive Interview Date

09/19/2013 - Interview

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Penguin_ie Grand Master

Penguin_ie   5,993

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Filed: Citizen (apr) Country: Ireland
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Posted

*** Moving from K1 fiance Visa to Bringing Family of LPR as OP's boyfriend is not a USC ****

Yes, once he has his greencard he can come back for a visit and marry you legally. This would be the fastest way, he can then petition you and your minor child and it will take about 2.5 years for you to be able to follow him to the USA.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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janeyjaden Rookie

janeyjaden   0

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Filed: Country: Philippines
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Posted (edited)

*** Moving from K1 fiance Visa to Bringing Family of LPR as OP's boyfriend is not a USC ****

Yes, once he has his greencard he can come back for a visit and marry you legally. This would be the fastest way, he can then petition you and your minor child and it will take about 2.5 years for you to be able to follow him to the USA.

how long will it take him to have the green card?

2.5 years to file a petition for me and our child? thats fast! :) thats a very good news to me! my christmas is marrier cause i always hear it would take me and my child 6-7 years by the way what kind of visa should he apply for me and our child if he marry me legally?

Edited by janeyjaden
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Penguin_ie Grand Master

Penguin_ie   5,993

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Filed: Citizen (apr) Country: Ireland
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It will only take a few weeks for him to get the greencard- 3 months at the most. Then he needs to marry you legally and as soon as you have the marriage certificate, he can petition you and your child for a spousal visa. You can see here: http://travel.state.gov/visa/bulletin/bulletin_5834.html that your category will be F2A (spouse and child of permanent resident), and for your country of Philippines, they are currently working on September 2010 cases, so just over 2 years to wait.

The process is the same as that for US citizens petitioning their spouses, it just takes longer: http://www.visajourney.com/content/guides

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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gelay Apprentice

gelay   1

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Filed: F-2A Visa Country: Philippines
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Posted

he's not yet in the US. he will be leaving at the 20th of January, he;s not yet a USC :)

hi kabayan! i have same case as u are. I left the Phils last sept 2010 and my live in partner was left behind but as soon as i got my green card,after 4 months i returned to our country to marry him. then as soon as i am back here in USA, i filed the petition for him. as of now, the waiting period is only 2.4 yrs. from the date you have filed it until the interview. so if he can come back to our country as soon as possible like what i did, of course the earlier the better.

Good luck kabayan! God bless and Merry Christmas!

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