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msev

LPR marrying girlfriend

By msev in Bringing Family Members of Permanent Residents to America

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msev Rookie

msev   0

Posted
Filed: F-1 Visa Timeline
Posted

I have a friend who is legal permanent resident. He is thinking about brining his girlfriend as a tourist (she has visited several times) and marrying her here in the US. If they get married, can he start the spouse petition for her to legally stay or does she need to go back to hee home country and wail for the process? He will be eligible to apply for citizenship in 2 years. Would in be better to wait until he is a citizen?

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msev Rookie

msev   0

Posted
Filed: F-1 Visa Timeline
  • Author
Posted

They are thinking ok K-1 visa but also considering her coming here to get married and not come back to the country of origin to wait on the process. I don't want them to make the wrong decision which may lead to problems.

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Rick_ES_USA Explorer

Rick_ES_USA   13

Posted
Filed: F-1 Visa Country: El Salvador
 Timeline
Posted

no AOS for LPR's spouse either!

They are thinking ok K-1 visa but also considering her coming here to get married and not come back to the country of origin to wait on the process. I don't want them to make the wrong decision which may lead to problems.

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Jo Së Rising Star

Jo Së   200

Posted
Filed: Lift. Cond. (apr) Country: Mexico
 Timeline
Posted

Since your friends is not a US citizen, she cannot have her interview in the US or even wait for the visa, she would have to go back to her country as she would with her B2 visa, marrying an LPR gives her no right to stay here legally, she wouldn't be able to receive an EAD either.

Best thing to do is wait for your friend to become a US citizen, process is much faster.

21 Aug 2013: I-129F Sent

11 Feb 2014: Visa APPROVED!

20 May 2014: Wedding!

--

31 Jul 2014: Mailed AOS Packet

12 Feb 2015: AOS Interview - Approved

--

22 Feb 2017: Mailed ROC Packet

08 Aug 2018: ROC Approved

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msev Rookie

msev   0

Posted
Filed: F-1 Visa Timeline
  • Author
Posted

Thank you for the responses. No AOS means she cannot legally work here is that right. I am thinking that it may be better to either do a fiance petition or wait till he becomes a USC. She can then come and get married and then apply for a K-3 visa to legally live and work in the US.

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msev Rookie

msev   0

Posted
Filed: F-1 Visa Timeline
  • Author
Posted

Since your friends is not a US citizen, she cannot have her interview in the US or even wait for the visa, she would have to go back to her country as she would with her B2 visa, marrying an LPR gives her no right to stay here legally, she wouldn't be able to receive an EAD either.

Best thing to do is wait for your friend to become a US citizen, process is much faster.

Thank you so much. This makes every clearer and will advise them. She has a US Visa anyway and can visit whenever she wants until he becomes a Citizen.

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IcezMan_IcezLady Proficient

IcezMan_IcezLady   582

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
 Timeline
Posted

why not just do K1 visa?

K1 is for US citizens not LPR

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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Jo Së Rising Star

Jo Së   200

Posted
Filed: Lift. Cond. (apr) Country: Mexico
 Timeline
Posted

No AOS means she cannot legally work here is that right. I am thinking that it may be better to either do a fiance petition or wait till he becomes a USC. She can then come and get married and then apply for a K-3 visa to legally live and work in the US.

No AOS means she cannot stay here legally longer than what her B2 visa allows her to.

He cannot petition for a K1 visa until he becomes a US citizen.

21 Aug 2013: I-129F Sent

11 Feb 2014: Visa APPROVED!

20 May 2014: Wedding!

--

31 Jul 2014: Mailed AOS Packet

12 Feb 2015: AOS Interview - Approved

--

22 Feb 2017: Mailed ROC Packet

08 Aug 2018: ROC Approved

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Miki28 Enthusiast

Miki28   91

Posted
Filed: Citizen (apr) Country: Czech Republic
 Timeline
Posted (edited)

I have a friend who is legal permanent resident. He is thinking about brining his girlfriend as a tourist (she has visited several times) and marrying her here in the US. If they get married, can he start the spouse petition for her to legally stay or does she need to go back to hee home country and wail for the process? He will be eligible to apply for citizenship in 2 years. Would in be better to wait until he is a citizen?

Coming back on B2 With intention of getting married and immigrate is illegal. There are visa for that purpose. K1 or if they get married and she goes back to her country, her husband would file for CR1.

Edited by Miki28

I-130 sent: 28th of October, 2015
USCIS received I-130: 2nd of November, 2015
NOA1 - text message: 4th of November, 2015
CASE routed to Nebraska Service Center
NOA1 - mail: About a week later - not sure about the exact date
NOA2 - 8th of March, 2016

Adjustment of Status

AOS packet sent - 6th of June, 2016
AOS delivered/picked up - 7th of June, 2016

3x NOA1 via e-mail/text - 20JUNE, 2016

3x NOA1 hard copy - 24JUNE, 2016

Biometrics letter - 30JUNE, 2016 (appointment date 07/15/2016)

Biometrics done - 1JULY, 2016

Interview for GC scheduled - 15 August, 2016 (date was 15 September, 2016)

EAD/AP approval - 23 AUGUST, 2016

EAD/AP received - 30 AUGUST, 2016

Interview rescheduled - 13 September, 2016

Interview date - 18 October, 2016

 

Removal of Conditions 

I-751 packet sent: 13th of September, 2018 (Texas),

Text notification of case received : 20th of September, 2018 (receipt number SRC xxxx]

Biometrics: REUSED, notice 22 MAY, 2019

Case transferred: 25 JULY, 2019

 

N-400

Applied online: 24 JULY, 2019

NOA: 24 JULY, 2010

Biometrics: Appointment scheduled on 8/3/2019 for 22 AUGUST, 2019

Biometrics: successful WALK IN on 8 AUGUST, 2019 (Jacksonville, FL) 

Biometrics: "We reviewed your biometrics" update 8 AUGUST, 2019 

Estimated time of completion: November 2019 (3 months)

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Tracy-->NY Collaborator

Tracy-->NY   40

Posted
Filed: FB-1 Visa Country: Barbados
 Timeline
Posted

You can get married to her as an LPR but she will need to go back to her home country and wait for her interview there, however if she has a valid visa she can visit. I think it would be better for him to get married and petition for her now, the wait time for the F2A category is approximately 1 1/2 to 2 years so by the time he becomes a US Citizen she may be already in the US if not close to having her interview/entering rather than waiting that two years for you to become a US Citizen to petition.

 

My Journey

Priority Date: July 24, 2007 (EAC)

AOS fee paid: February 2013

Request embassy change: May 2013

Son born: September 2013 (added to petition March 2014)

Interview: March 17, 2015 (Joint sponsor needed)

Joint sponsor documents submitted: April 27, 2015

Visas approved and issued: April 30, 2015. Had to return to embassy to do oath for son :)

Visa in hand: May 5, 2015 (two working days after issued)

IV fees paid: August 10, 2015

POE: JFK - September 10, 2015 (one day before visa expiry date - No hassle)

Returned to Barbados: September 28, 2015

Green cards: October 5, 2015 :dancing:

Entered US permanently: March 22, 2016

Applied for SSNs: March 28, 2016 (didn't tick box on DS-260)

SSN received: April 4, 2016;

Learner's permit: April 7, 2016 (in NY you also have to do 5-hour class);

Driver's License: July 13, 2016 (on first try) :dancing:

Husband's Journey (F2A)

Married: September 2015

I-130 sent: October 8, 2015 (via USPS)

Priority date: October 9, 2015 (WAC)

Petition approved: March 8, 2016 (5 months to the date of receipt) :)

NVC Welcome Letter: May 13, 2016
AOS documents sent: August 8, 2016
Case complete: September 14, 2016 (the waiting continues:clock:).

Interview:  October 5, 2017 (Approved - Issued following day :))

Visa in hand:  October 12, 2017

POE:  October 13, 2017

Green card:

SSN:

 

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Arrow Enthusiast

Arrow   25

Posted
Filed: F-2A Visa Country: India
 Timeline
Posted

The only option for you is to get married and file I-130 or another option is to wait until you become citizen and then file k-1.

F-2A Visa Journey

Service Center Vermont Service Center(Transferred to California)

2014-05-12 I-130 sent to USCIS

2014-05-21 NOA-1 Received

2014-05-19 Priority Date

2015-03-24 Case transferred to California Service Center(via email)

2015-03-31 NOA-T received hard copy

2015-04-03 Case Approved

2015-04-07 NOA-2 received by mail

NVC STAGE

2015-04-20 Case received at NVC(conformed by phone call)

2015-04-28 Case number and IIN assigned (By Phone Call)

2015-05-13 Welcome Letter received via email.

2015-05-16 Welcome Letter hard copy received

2015-05-27 AOS fee paid by mail.

2015-06-02 DS-261 Completed.

2015-06-15 IV Fee paid by mail.

2015-07-04 Fees Shown paid and DS-260 available.

2015-07-05 DS-260 completed.

2015-07-10 AOS & IV Package sent.

2015-07-16 AOS & IV package scanned.

2015-07-30 Checklist received for Birth Certificate.

2015-08-01 Ckecklist submitted.

2015-08-31 Case Completed.

EMBASSY STAGE

2015-12-03 InterView(New Delhi).

2015-12-03 Received 221g(Missing PCC)(AP)

2015-12-21 Submitted PCC.

2015-12-28 CEAC Status Issued.

2015-12-30 Visa In Hand.

2016-01-08 Paid USCIS immigration fee.

2016-02-10 POE IAD.

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newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

It's not true that spouse of LPR cannot adjust status. They can as long as they are in status and their date for filing is reached. There have been times in the past (not now) that the F2A category has been current; in those times, they can file AOS immediately. Currently there is a wait in the F2A category. The AOS date for filing for F2A category is currently about 9 months behind, and that is too long for the 6-month duration of stay of B2 status, so it won't work for this case. However, the length of wait does shift around all the time.

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Jawaree Grand Master

Jawaree   717

Posted
Filed: Timeline
Posted

They can marry in the US but she mist not over-stay & go back to her country while its been processed

She has to get a consular interview in her home country since he's LPR. She however can continue to

visit with her visa IF she has more time on it...sometimes proof of ties at home could be requested at POE

during the process if he gains citizenship he can upgrade her petition to USC petition

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