Mother->son green card, now engaged!

[StuartF 0]

Hi All,

I tried a search but the only answer for this I found was from 2005.

I've just reached my processing date under "sponsorship" of my my mother who is now a full American citizen (I'm British and so was she). As a single male it didn't take long to get to this point. Happily for me/sadly for the process, I've now got engaged and I suspect this might cause me a problem.

As far as I can work out, if we get married and I change my status I will drop to the bottom of the list for married couples visa? Is this true or am I wrong? If not, what are my options for bringing the fiancee in i.e. marry her and apply? or apply as a fiancee? Something else?

Thank you for your help!

[Transborderwife 4,666]

Yes, you must stay single. After immigration you can marry then petition your wife. It'll take about 2 years.

[aleful 1,905]

hi

yes you will change category to married child of a USC and the wait is longer

there isn't a fiancé visa for legal permanent residents, once you've entered the US, you would have to return to the UK, marry and start yourself the visa process to bring your wife in 2 years

[StuartF 0]

Yes, you must stay single. After immigration you can marry then petition your wife. It'll take about 2 years.

Thanks for the reply!

Not sure i'm happy to do that i.e. only see her for a few weeks every year. As she's Filipino, she's already been denied a holiday visa when we tried to visit my mother so, I doubt that will change to visit me (or maybe i'm wrong?).

Also, I'll only be a "green" card holder, not a citizen, does that affect it i.e. make it longer?

What about if I ask for a status change, how would that affect my waiting time, any ideas?

hi

yes you will change category to married child of a USC and the wait is longer

there isn't a fiancé visa for legal permanent residents, once you've entered the US, you would have to return to the UK, marry and start yourself the visa process to bring your wife in 2 years

Thanks Seems we replied at the same time!

So, i'm stuffed basically. I should just marry her and start the looooong married visa process?

[blue_angel_29 108]

I don't know if this will apply to you ir if my dad's petition was just lost in the mail.

My grandma petition my dad and my uncle(her sons), 1990, my dad did what you will do, he married my mom and change his status. My uncle was approved the petition and got here 1991 i think, since visa processing before was not so difficult.

My dad on the other hand, he got denied since he is no longer single. He stayed in the Philippines with my mom. They had us, 4 kids. I don't know if that is also something they look at.

My grandma re petitioned my dad and the petition got approved 2008 from 1990.

the whole family flew 2009 after the interview and everything in the US embassy in the Philippines.

[newacct 688]

As far as I can work out, if we get married and I change my status I will drop to the bottom of the list for married couples visa?

You won't "drop to the bottom of the list". You would move from F1 category to F3 category. You would keep the same priority date. The wait in F3 category is about 4 years longer than F1 category, so you would have to wait about 4 more years if you did that.

Edited January 18, 2016 by newacct

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America forum.

[aleful 1,905]

Thanks for the reply!

Not sure i'm happy to do that i.e. only see her for a few weeks every year. As she's Filipino, she's already been denied a holiday visa when we tried to visit my mother so, I doubt that will change to visit me (or maybe i'm wrong?).

Also, I'll only be a "green" card holder, not a citizen, does that affect it i.e. make it longer?

What about if I ask for a status change, how would that affect my waiting time, any ideas?

Thanks Seems we replied at the same time!

So, i'm stuffed basically. I should just marry her and start the looooong married visa process?

as said, or you wait it out and marry your fiancé and come together, or you come as single, return to marry her, and then file for a spousal visa that takes 2 years

you have only two options

[Boiler 46,152]

I would have thought her case for a Visitor visa has gone down a notch or 2.

[StuartF 0]

Thank you all for the very insightful replies. So basically, get married and wait four years but be certain we both get accepted/rejected at the same time and don't have to spend time apart or, don't get married and take the risk and hope that she will be granted a "holiday" visa for significant trips to visit me.

I would have thought her case for a Visitor visa has gone down a notch or 2.

Given the issue i've faced in the past, it is a big risk BUT, if she is allowed to visit for six months of the year (well, just under) then 2 months with me, 2 months away pattern would probably work throughout the year. Anyone any ideas if this is acceptable (I would imagine applying for six different holiday visas) or, does it have to be 1 six month visit?

Again, thank you all!!!! Really do appreciate your experienced advice!

[Boiler 46,152]

What does she do that allows so much holiday?

Where would she be applying?

[StuartF 0]

What does she do that allows so much holiday?

Where would she be applying?

She'd be applying from the Philippines and she works for her mother but her mothers business will survive without her.

[Boiler 46,152]

So what are her positives in seeking a US Tourist Visa?

[StuartF 0]

So what are her positives in seeking a US Tourist Visa?

??? So that she can come visit me and we can spend some time together???

Anyway, it seems this actually makes it HARDER:

http://manila.usembassy.gov/niv-faq.html

I only want my fiancé(e) to meet my family...

While it is understandable that one might wish to do this, a foreign national engaged to a U.S. citizen must still prove that s/he is not an intending immigrant. This is usually difficult to do, however, as the fact that an individual is engaged to a U.S. citizen is usually considered evidence of intent to immigrate.

So this looks like a bad idea.....

[Boiler 46,152]

She has to go through a high fraud consulate, she has been refused a visitor visa already, so why would they give her one now, you have not mentioned anything positive about her situation that will change this.

Which I why I was asking.