Greencard: advice needed

[JamesJohn 0]

Hello friends,

I am new to this thread having read some useful information and thought it wise to share my story and seek advice.

I am from south africa and a gradute student on an F1 visa. I will finish my program in May 2015.My fiancee was born in the US but has never lived in the US. She lived in the UK but decided to come to SA to work. I met her two years ago while in SA, got engaged to her November 2013 and wish to get married to her in December 2014. She intends doing a masters degree here in the US after our marriage while I go for PhD after my masters program.Now my questions:

1.Do you think I'm eligible for greencard despite the fact that my wife to be has not lived in the US although she is a US citizen by birth?

2. What kind of paperwork do we have to present to begin the application?

3. Someone told me that our case is too complicated because my fiancee has never stayed in the US, thus making the whole thing almost impossible.

4. Kindly advice us on what to do?

I would be grateful if anyone can offer useful information on how to go about this. Thank you so much.

James.

[TBoneTX 45,319]

*** Unanswered duplicate thread removed. ***

[iawait 9]

Hello friends,

I am new to this thread having read some useful information and thought it wise to share my story and seek advice.

I am from south africa and a gradute student on an F1 visa. I will finish my program in May 2015.My fiancee was born in the US but has never lived in the US. She lived in the UK but decided to come to SA to work. I met her two years ago while in SA, got engaged to her November 2013 and wish to get married to her in December 2014. She intends doing a masters degree here in the US after our marriage while I go for PhD after my masters program.Now my questions:

1.Do you think I'm eligible for greencard despite the fact that my wife to be has not lived in the US although she is a US citizen by birth?

Ans. Yes you can apply for a green card but she has to live in the USA for you to be eligible.

2. What kind of paperwork do we have to present to begin the application?

Ans. Proof of her residence in the US, Marriage papers, hers and your birth certificate, I-130 petition, supporting documents and affidavit of support.

3. Someone told me that our case is too complicated because my fiancee has never stayed in the US, thus making the whole thing almost impossible.

Ans. Marriage visa is for family unification and if she does not live in the US, she cannot apply for you.

4. Kindly advice us on what to do?

Ans. Ask her to move back to the US. Establish her residence and file the paperwork.

I would be grateful if anyone can offer useful information on how to go about this. Thank you so much.

James.

[Boiler 45,538]

First she will need a US domicile.

[Hypnos 6,576]

1) Yes, your wife can still petition you even if she has never lived in the US (see caveat below).

2) After you marry, your wife should file an I-130 for you; expect this to take around a year to be approved.

3) Your wife will need to show that she intends to re-domicile in the US. This a complicated subject, so you should search around for "I-130 domicile" before filing.

4) Provided your wife can show she is making the US her domicile, simply marry and file an I-130.

Edited March 2, 2014 by Hypnos