i want to petition my girlfriend but i want her to live permanenty in the united states

[Unidentified 2,930]

From the OP's initial post asking about being here for 5 years before he can petition her and his English skills, it seems that he just recently got here.

It would take time for him to become a U.S. citizen before he can pursue a spousal visa as a citizen.

Your advice has been really off - in your prior posts and in this post. You need to do more research before posting again and confusing the poor guy further. Not trying to be a d--- just trying to stop the flow of bad information to this poor fellow.

He can file as an LPR for a wife. If he gets US citizenship, he can upgrade the petition. There is absolutely no reason for him to wait to get US citizenship before petitioning for a wife when he can upgrade the petition.

And I did apologize for being wrong and people have explained why I was wrong so I think it is time to drop it and continue to help the OP. You don't have to worry, I can clearly see I shouldn't continue posting as I was wrong.

[aaron2020 11,651]

Hi Elizer21,

You are a green card holder. You can return to the PI and marry your girlfriend. You can file for a spousal visa. With the spousal visa, she will get a green card when she comes to America. With the green card, she can live permanently in the U.S. with you. The entire process will take 2-3 years.

After being a green card holder for 5 years, you can apply to be a U.S. citizen. If your wife is still waiting for a visa, you can upgrade the petition and speed up the case for your wife.

Best of luck.

[mayfield 23]

My advice to the OP, Is as follows;

1) Calm down, this is a very serious and tedious process,

2) Go to the Philippines, Marry your girlfriend, In a church as long as the certificate is legally recognized

3) Get a Lawyer to help you with the process, It seems your either young or your not very aware of the visa's and there benefits and regulations

4) Submit and Pray for speedy processing.

Best of Luck

[D.Ba 85]

"Engaged" isn't a legal status. Nobody can tell the difference between girlfriend and fiancée.

The only thing that makes you a fiancé in K-1 is the statement of intent.

[ssk2331 13]

It seems as if you guys intend on marrying? So I'm going to assume it's your fiancée and not gf. Because there is NO petition for a boyfriend/girlfriend...

As a green card holder, you can't petition a fiancée. You would need to get married, and then you can file a I-130 for a relative (as a permanent resident). You're looking at a wait time of at least 2 years, if not more. My cousin applied as a resident for husband and it took them 2.5 years to get visa. This is considered normal time, even fast for some.

Or if you plan on becoming a citizen, you can wait until you get your citizenship and then apply for a fiancé visa for her. Not sure how long this would take for you because it depends on when you would become citizen. This way seems like t would be much more tedious and long, so wouldn't recommend it. Spousal visa is what I would go of.

Edited May 27, 2015 by ssk2331

[aaron2020 11,651]

"Engaged" isn't a legal status. Nobody can tell the difference between girlfriend and fiancée.

The only thing that makes you a fiancé in K-1 is the statement of intent.

Most people haven't figured this out yet.

There is no legal status for boyfriend/girlfriend or fiancé/fiancée.

See the post that was posted almost one hour after you posted?

Edited May 27, 2015 by aaron2020

[ssk2331 13]

^^Your intention to marry within 90 days is part of the basis on which a fiancé visa is given, right?

Telling someone they can petition for a gf because there is no legal status which creates a loophole is edging around visa fraud, at least in my opinion.

Not saying people don't do it, but still.

[aaron2020 11,651]

^^Your intention to marry within 90 days is part of the basis on which a fiancé visa is given, right?

Telling someone they can petition for a gf because there is no legal status which creates a loophole is edging around visa fraud, at least in my opinion.

Not saying people don't do it, but still.

What does it matter if I say I intend to marry my girlfriend or fiancée? What is the LEGAL difference? Isn't the intent to marry sufficient for the K-1 regardless of what I call her?

[Hank_ 9,174]

Hi i'm pure filipino my family member petition me.i want to petition my girlfriend from philippines what is the process for that? Is she allowed to live permanently here at u.s ? cause i want her to live permanenty here also. Do i need to stay 5 years in the u.s so i can petition here? What is the process for petitioning a girlfriend? I need some help guys thank you

Are you a USC yet? If not then you can not petition your girlfriend. Once you obtain USC then you can file the I-129F K-1 petition to bring your fiancee to the USA, once in the States you marry and complete the process for her to become a legal permanent resident.

[ssk2331 13]

What does it matter if I say I intend to marry my girlfriend or fiancée? What is the LEGAL difference? Isn't the intent to marry sufficient for the K-1 regardless of what I call her?

Fiancé literally means "engaged to be married," and the k1 visa is based on the grounds that you're petitioning your fiancé(e).

If immigration distinguishes between a fiancée and gf, then it should be pointed out. Why are questions pointed towards your fiancée and not gf for a k1 interview if it made no difference. I think advice should be thorough and based on proper guidelines set by immigration..doesn't mean one is failing to grasp the basics of legal statuses.

Anyhow this is off topic and doesn't really benefit the OP, so that's it from my end.

[Fritzr 3]

USCIS: Fiance Visa Requires the petitioner to be a US citizen

USCIS: Family of US Permanent Residents

If you marry in the Philippines you can petition your spouse by filing form I-130.

For a US Permanent Resident, the spousal petition will be visa category F2A

There is no 'length of residence' requirement to file for a spouse. You can return to PI, marry there and file for your wife's F2A visa immediately. The only delaying factor is getting the NSO issued Marriage Certiffcate. You will need to ask the LCR (Local Civil Registrar) expedite the registration to speed up the process.

In re your other question, "girlfriend" and "fiance" have distinct meanings in American English. Girlfriend in American implies "we do NOT intend to marry". Fiance states emphatically that we ARE getting married.

When talking to anyone who can affect her visa petition be sure to say fiance until you are married. This makes it clear she is not a mistress.

Fritz

The adventure continues

[Fritzr 3]

Is she allowed to work at the u.s also with spouse visa?

A spousal visa is a green card application. When it is approved she will be a US Permanent Resident on arrival in US. This permits her to stay in US as long as she wants to, with green card renewals being required every 10 years until she becomes a US citizen. If she is approved for her green card before you have been married for 2 years, she will be given a 2 year conditional green card. This carries the same privileges as the regular 10 year green card. If she gets the 2 year green card, then she will renew it by filing for "Removal of Conditions". That filing applies for a regular 10 year green card.

As a green card holder she will have most of the privileges of a US Citizen. There may be some jobs limited to US citizens only and she will not be able to vote in most elections, but the list of privieges is quite long

A Permanent Resident can apply for US citizenship after 5 years in US. Being married to a US citizen shortens this requirement to 3 years as green card holding spouse.

The adventure continues

Fritz

[Fritzr 3]

Okay then I apologize for missing this one.

But then the question to the OP is: since you're a Green Card holder, how long before you're a US citizen?

Only reason I ask is because it seems like the F2A visa can take several years so they question is will it just be quicker to wait until he's a USC or go with marriage and an F2A visa? Since that visa seems to have a processing time of at least 2-3 years?

F2A is currently 18-20 months of wait for visa number

Naturalization requires 5 years of wait unless qualifying for one of the fast track options.

An F2A petition (which upgrades to CR1/IR1 upon naturalization) is definitely preferred.

Please check the facts before stating them.

You can learn more about the petition process at http://uscis.gov. There are PDF format pamphlets explaining the family member petition process for US Citizens and US Permanent Residents.

Another pamphlet explains the naturalization process, including several of the lesser known ways of qualifying with less than 5 years of US residence

The adventure continues

Fritz

[aaron2020 11,651]

USCIS: Fiance Visa Requires the petitioner to be a US citizen

USCIS: Family of US Permanent Residents

If you marry in the Philippines you can petition your spouse by filing form I-130.

For a US Permanent Resident, the spousal petition will be visa category F2A

There is no 'length of residence' requirement to file for a spouse. You can return to PI, marry there and file for your wife's F2A visa immediately. The only delaying factor is getting the NSO issued Marriage Certiffcate. You will need to ask the LCR (Local Civil Registrar) expedite the registration to speed up the process.

In re your other question, "girlfriend" and "fiance" have distinct meanings in American English. Girlfriend in American implies "we do NOT intend to marry". Fiance states emphatically that we ARE getting married.

When talking to anyone who can affect her visa petition be sure to say fiance until you are married. This makes it clear she is not a mistress.

Fritz

The adventure continues

I am sorry about this tangent.

Girlfriend in American (did not know it was a language) does not imply that "we do NOT intend to marry."

I have a girlfriend, and I intend to marry her. We have a wedding date. The last detail is when and where I will propose so it will be a surprise for her.

Once again, there is no LEGAL distinction in the LAW between a girlfriend and fiancée. The K-1 only requires an intent to marry. There is no legal status for a girlfriend or fiancée. A wife has a legal status and meaning.

[Fritzr 3]

I am sorry about this tangent.

Girlfriend in American (did not know it was a language) does not imply that "we do NOT intend to marry."

I have a girlfriend, and I intend to marry her. We have a wedding date. The last detail is when and where I will propose so it will be a surprise for her.

Once again, there is no LEGAL distinction in the LAW between a girlfriend and fiancée. The K-1 only requires an intent to marry. There is no legal status for a girlfriend or fiancée. A wife has a legal status and meaning.

American is the dialect of English spoken in the US. Compare the speech you hear in US to the English you heard in Philippines. Many differences. Canadian, Australian and British English are also distinctly different, bur all are similar enough to allow understanding with occasional error due to different usage. Pavement means both the street surface cars drive on and the sidewalk the cars stay off of ... depending on whether you speak English or English you either stay on the pavement or you stay off the pavement for safety. For this reason it is wise to know which dialect of English is being used.

Girlfriend or fiance is a legal status distinction. In legal terms you do not intend to marry girlfriend, you do intend to marry fiance. The visa you are applying for is called "Fiance Visa". That is in fact the meaning of fiance ... the person you are engaged to marry.

The distinction has little signifigance in ordinary conversation. When speaking to the person (whose opinion is based on what you say) will decide on the approval of the visa, it is wise not to convey the wrong impression. If you mean fiance or future wife ... say it. This avoids any misunderstanding. American English and Filipino English are different languages. They are close enough so that the differences usually only induce humor, but there are differences in the meaning of many common words and misunderstanding can have consequences.

The adventures continue

Fritz