LPR wants to get married outside the US...

[izy 0]

Hi! I'm relatively new here in VJ. I am really confused on what to do regarding my situation. Here's my case:

* Been an LPR since March 18, 2003

* Has a boyfriend of 5 years

* Wants to get married in December 2006 in the Philippines

* After the wedding, will go back here in the US

* In Jan 2008, apply for Naturalization

* After getting naturalized, will petition husband as K3

Will this work? Would I have any problems if I get married as an LPR outside the US? I dont plan on staying in the Philippines for more than 5 weeks. I have not been out of the country for 6 mos or more.

Looking forward to your comments.

Thank you!

[scorpio232 0]

Hi! I'm relatively new here in VJ. I am really confused on what to do regarding my situation. Here's my case:

* Been an LPR since March 18, 2003

* Has a boyfriend of 5 years

* Wants to get married in December 2006 in the Philippines

* After the wedding, will go back here in the US

* In Jan 2008, apply for Naturalization

* After getting naturalized, will petition husband as K3

Will this work? Would I have any problems if I get married as an LPR outside the US? I dont plan on staying in the Philippines for more than 5 weeks. I have not been out of the country for 6 mos or more.

Looking forward to your comments.

Thank you!

Why do all of that when you can marry in the Philippines, Direct File with the Consulate in the Philippines for the I-130 Petition for Alien Relative because you live in the Philippines.. Or if you live in the U.S... File the I-130 Petiton for Alien Relative at the Service Center that controls your city in the U.S... And one year later he would get the Green Card and is able to come in as an Immigrant.. it beats waiting until 2008 to file K-3.. He would be in the U.S by the Mid 2007 year.?

By the way, if you are an LPR for 3 years. You can apply RIGHT NOW for Naturalization.. its only a 3 year wait once you are an LPR and you lived in the U.S constantly for 3 years.

Edited March 4, 2006 by scorpio232

[izy 0]

But isn't it I have to be a citizen first before I can petition him?

I mean I know I can file for I-130 but me being an LPR, it will be a 4-5 year wait. Compared to me being a citizen first then filing K3 which will be a 6-10 mos process.

I migrated as a dependent of an F2B case. I need 5 years of residency, not three, to become eligible for naturalization, right?

[scorpio232 0]

But isn't it I have to be a citizen first before I can petition him?

I mean I know I can file for I-130 but me being an LPR, it will be a 4-5 year wait. Compared to me being a citizen first then filing K3 which will be a 6-10 mos process.

I migrated as a dependent of an F2B case. I need 5 years of residency, not three, to become eligible for naturalization, right?

No, not exactly for instance... If you look at processing dates for USCIS California Service Center... They are currently processing dates for LPR petiton for spouse I-130 with notice dates of January 2005.. So thats only a year wait for those people... see for yourself...

Processing Dates

It does not matter how you Immigrated.. Once you become a Permenant Resident... After 5 years of living permenantly in the U.S.. You can start the Naturalization Process.. sorry you are correct on that part...

I cant tell you how long it would be for you to get your Naturalization.. You have to look at the Processing date to Determine that...... If its not a long time after you get your Notice of Action.... Then you should file for Naturalization Now... and if you can get that approved in 6 months or so.. Then you can do the K Visa and it only take about 5 months to get that for him.... Its much faster now..

Where do you live I can look up the processing time for Naturalization for your city in the U.S

Where do you live I can look up the processing time for Naturalization for your city in the U.S

But isn't it I have to be a citizen first before I can petition him?

I mean I know I can file for I-130 but me being an LPR, it will be a 4-5 year wait. Compared to me being a citizen first then filing K3 which will be a 6-10 mos process.

I migrated as a dependent of an F2B case. I need 5 years of residency, not three, to become eligible for naturalization, right?

It would be better if you apply for I-130 now for him.. He will get the Visa and Immigrate before you even can apply for Naturalization..... You have 2 more years to wait for that..> So marry immediately in the Philippines and they apply for the I-130.. within a year or so he will get a Green Card and would be able to move here... But , I am sure you may want to live there with him until he get the Green Card... that would suck to be away from him that long.....

So your naturalization time will start over because you can not be out of the U.S for over 6 months..

Edited March 4, 2006 by scorpio232

[izy 0]

wow! that's great news! thanks for the link for the processing dates.

[scorpio232 0]

removed per violation of TOS.

[CarolineM 0]

one thing you can do.. but its up to you..... have him apply for tourist Visa... If he gets approved. He can come here and visit.. Marry here in the U.S..

Umm...I would NOT be giving this out as advise. It is NOT ok to come into the US on a tourist visa with the intent of getting married. If you seem to know so much why would you advocate this?

[izy 0]

^Getting a tourist visa for him has never been an option. It's hard to take the risk. And more than anything, I don't want to jeopardize his chance on entering the US legally.

thanks!

[meauxna 15]

scorpio, your advice today has been hit or miss.... mainly miss.

You have miadvised this person and should back up. Processing dates don't mean anything for her because there is NO VISA IMMEDIATELY AVAILABLE.

Her spouse can NOT come to the US and file I-485.

izy: your original post idea made much more sense.

[ChristinaM 0]

Izy, your initial plan sounds very sensible and realistic.

Good luck!

[meauxna 15]

Will this work? Would I have any problems if I get married as an LPR outside the US? I dont plan on staying in the Philippines for more than 5 weeks. I have not been out of the country for 6 mos or more.

Looking forward to your comments.

Thank you!

[/font]

hi izy,

it seems like you are concerne that you may not marry outside the US because you are an LPR. That will not be a problem, and keep an eye on your time so you don't go over the 6 onth rule so you can get your naturalization in on time!

It will be a long separation, but I'm sure you'll find a way to work through it.

BTW, you might want to talk to a lawyer or other about filing the I-130 for your husband as soon as you are married. Ture, the wait is long for LPRs, but you can upgrade it the day of your oath ceremony and can cut some time down that way.

I've also heard that it is a good back-up plan in case anything goes wrong or slow with your naturlization. That way you at least have one petition cooking for him.

[meauxna 15]

Why do all of that when you can marry in the Philippines, Direct File with the Consulate in the Philippines for the I-130 Petition for Alien Relative because you live in the Philippines.. Or if you live in the U.S... File the I-130 Petiton for Alien Relative at the Service Center that controls your city in the U.S... And one year later he would get the Green Card and is able to come in as an Immigrant.. it beats waiting until 2008 to file K-3.. He would be in the U.S by the Mid 2007 year.?

By the way, if you are an LPR for 3 years. You can apply RIGHT NOW for Naturalization.. its only a 3 year wait once you are an LPR and you lived in the U.S constantly for 3 years.

She can not Direct File in the Philippines; she is not a citizen, she is an LPR and she does not live in the Philippines (a requirement by that consulate for filing with them).

The spouse of an LPR will NOT get a Green Card or Immigrant Visa within one year of filing I-130. The current wait is running 4-5 years.

The spouse of an LPR must find their own legal way to be in the US as a non-immigrant (work, student etc); there is no method for the spouse of an LPR to come to the US immediately on that relationship.

Finally, scorpio is completely incorrect about the wait for naturalization. The wait is 5 years as an LPR, unless you meet one of the Waivers, Exceptions and Special Cases listed in this page:

http://uscis.gov/graphics/services/natz/Special.htm

The most common one in this community is marriage based:

Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;

the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and

the applicant meets all other naturalization requirements.

[izy 0]

Will this work? Would I have any problems if I get married as an LPR outside the US? I dont plan on staying in the Philippines for more than 5 weeks. I have not been out of the country for 6 mos or more.

Looking forward to your comments.

Thank you!

[/font]

hi izy,

it seems like you are concerne that you may not marry outside the US because you are an LPR. That will not be a problem, and keep an eye on your time so you don't go over the 6 onth rule so you can get your naturalization in on time!

It will be a long separation, but I'm sure you'll find a way to work through it.

BTW, you might want to talk to a lawyer or other about filing the I-130 for your husband as soon as you are married. Ture, the wait is long for LPRs, but you can upgrade it the day of your oath ceremony and can cut some time down that way.

I've also heard that it is a good back-up plan in case anything goes wrong or slow with your naturlization. That way you at least have one petition cooking for him.

Thanks so much for all your replies!

Meauxna: Your advise is really, really helpful. Will consider getting a lawyer for formal consultation. I am keen on keeping my visits to the Philippines short to not exceed the 6 mos total allowable.

Would six months mean 180 days outside the US in total (counting all trips)? If it is, I have at least 80 more to use. But I only intend to stay for 5 weeks (or 35 days) for the wedding-I dont want to hurt my eligibility requirements.

clmarsh: thanks for your input. Ive been in this long-distance relationship for three years out of five we've been together. I feel it's time for us to get married. This whole being-away scenario's driving me crazy. I want to have a peace of mind. (legally, at least).

[meauxna 15]

oh my goodness.. I'm surprised you could read it with all the mistakes I made.. sorry, I was rushing!

[izy 0]

^Yes, I understood it clearly. Did not notice errors at all. Thank you.