Conditional Permanent Resident

[Jha 0]

Hi everyone! I hope somebody could help me here or give me an idea what to do or what would be the best way! I hope there will be somebody here who have the same situation or you know somebody same of my situation. Please just respect my post and questions here. I am a Filipina and I am now a greencard holder but only so called conditional permanent resident which is valid for two years. Am I qualified to petition someone as a conditional permanent resident? I have a girlfriend now and she is a filipina too and currently working in Hongkong. We love each other so much and we are planning to get marry next year hopefully but the question is how and where can we do that and what are the list of requirements please? Also how can I bring my girlfriend or wife to be soon here in America? What kind of visa and what process and how? I hope there is a way for me to bring her here in America even though we are same sex because we do really love each other. Please somebody help me what to do the best and easy or faster way. Answers and base experienced idea will be very much appreciated. Thank you!

[Transborderwife 4,666]

Firstly what class of visa did you come on?

 

secondly yes you can petition a spouse and it takes about 2 years

[Jha 0]

1 minute ago, Transborderwife said:

Firstly what class of visa did you come on?

 

secondly yes you can petition a spouse and it takes about 2 years

I come on a K1 visa. So if the petition for spouse takes 2 years which one would be easier and faster? I am just newly a greencard holder now two years validty called conditional permanent resident and do you think I am qualified to do petition for my gurlfriend? Thanks

[geowrian 22,338]

Yeah, you qualify to petition for somebody else just like any other LPR. However, there are some categories that are only available to USCs (such as petitioning for a sibling, the IR-classes of relatives, and petitioning for a fiance). You would need to marry her (or become a USC) before you can start a petition for her. Expect about 2 years from filing before she will be able to come to the US. You can start the process as an LPR, once married, by filing an I-130 for her. This visa (once available in about 18+ months) would fall under the F2A category and can then be applied for by her.

 

Being the same sex won't impact your case.

 

One thing I will note, though...how did you earn your LPR status? Was it through marriage? If so, there is a 5 year period where if you petition for another spouse then the presumption is that it was for the purpose of obtaining a green card. It doesn't necessarily mean a denial, but it's a significant hurdle that I've seen affect others.

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html (See Marriage within Five Years of Obtaining LPR Status)

 

Edit: While typing this, you noted you gained LPR status via a K-1. Therefore, the 5 year rule above applies.

Edited May 8, 2017 by geowrian

[Transborderwife 4,666]

1 minute ago, Jha said:

I come on a K1 visa. So if the petition for spouse takes 2 years which one would be easier and faster? I am just newly a greencard holder now two years validty called conditional permanent resident and do you think I am qualified to do petition for my gurlfriend? Thanks

In this case, I believe that you are required to wait 5 years.  

[Jha 0]

5 minutes ago, geowrian said:

Yeah, you qualify to petition for somebody else just like any other LPR. However, there are some categories that are only available to USCs (such as petitioning for a sibling, the IR-classes of relatives, and petitioning for a fiance). You would need to marry her (or become a USC) before you can start a petition for her. Expect about 2 years from filing before she will be able to come to the US. You can start the process as an LPR, once married, by filing an I-130 for her. This visa (once available in about 18+ months) would fall under the F2A category and can then be applied for by her.

 

Being the same sex won't impact your case.

 

One thing I will note, though...how did you earn your LPR status? Was it through marriage? If so, there is a 5 year period where if you petition for another spouse then the presumption is that it was for the purpose of obtaining a green card. It doesn't necessarily mean a denial, but it's a significant hurdle that I've seen affect others.

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html (See Marriage within Five Years of Obtaining LPR Status)

I was able to get a LPR marrying a US Citizen man but our marriage seems like not going to work no more and I am not happy with him anymore and so I met somebody from my country in the Philippines and we love each other. I am still currently married now and planning to do a divorce soon so I can marry my girlfriend next year but since I am only a conditional permanent resident will I still be able and qualified to do that I-130 as soon after we got married? Also where can we get married what country that we can go that my girlfriend will not need a visa to go? Thank you

[Transborderwife 4,666]

Just now, Jha said:

I was able to get a LPR marrying a US Citizen man but our marriage seems like not going to work no more and I am not happy with him anymore and so I met somebody from my country in the Philippines and we love each other. I am still currently married now and planning to do a divorce soon so I can marry my girlfriend next year but since I am only a conditional permanent resident will I still be able and qualified to do that I-130 as soon after we got married? Also where can we get married what country that we can go that my girlfriend will not need a visa to go? Thank you

No.  5 year wait.  This will look like greencard hunting to uscis

[Jha 0]

2 minutes ago, Transborderwife said:

No.  5 year wait.  This will look like greencard hunting to uscis

What do you mean 5year wait? I dont understand sorry please explain further for me much appreciated and maybe you can advice me what to do please

Edited May 8, 2017 by Jha

[cdneh 3,112]

You have to wait 5 years before you can file for anyone.

[Transborderwife 4,666]

Just now, Jha said:

What do you mean 5year wait? I dont understand sorry please explain further for me much appreciated

You must wait 5 years before petitioning her.

[geowrian 22,338]

10 minutes ago, Jha said:

What do you mean 5year wait? I dont understand sorry please explain further for me much appreciated and maybe you can advice me what to do please

It means you should wait 5 years from when you got your green card before you petition for another spouse. Failure to do so will very likely result in a denial.

 

From my link above (directly from USCIS):

 

(L ) Marriage within Five Years of Obtaining LPR Status .

 

Section 204(a)(2)(A) of the Act generally prohibits the approval of a visa petition filed by a lawful permanent resident for a spouse within 5 years of the date on which the petitioner became a LPR if that LPR obtained his or her residence status through a prior marriage. The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws, or that the prior marriage ended through death. 8 CFR 204.2(a)(1)(i) specifies the type of evidence which the petitioner must submit to meet the clear and convincing standard. If the petitioner falls within this restriction and has not submitted the requisite evidence, send him or her a letter explaining the deficiency and requesting additional evidence. If satisfactory evidence is not submitted within 60 days (or 120 days if the petitioner has requested and been granted additional time), deny the petition.

 

Edited May 8, 2017 by geowrian

[Jha 0]

27 minutes ago, geowrian said:

Yeah, you qualify to petition for somebody else just like any other LPR. However, there are some categories that are only available to USCs (such as petitioning for a sibling, the IR-classes of relatives, and petitioning for a fiance). You would need to marry her (or become a USC) before you can start a petition for her. Expect about 2 years from filing before she will be able to come to the US. You can start the process as an LPR, once married, by filing an I-130 for her. This visa (once available in about 18+ months) would fall under the F2A category and can then be applied for by her.

 

Being the same sex won't impact your case.

 

One thing I will note, though...how did you earn your LPR status? Was it through marriage? If so, there is a 5 year period where if you petition for another spouse then the presumption is that it was for the purpose of obtaining a green card. It doesn't necessarily mean a denial, but it's a significant hurdle that I've seen affect others.

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html (See Marriage within Five Years of Obtaining LPR Status)

 

Edit: While typing this, you noted you gained LPR status via a K-1. Therefore, the 5 year rule above applies.

Does it mean that I still have to struggle myself here being with this man even though we are not happy anymore esp me? Does it mean that I dont have to divorce him immedietly? It means that I have to wait 5years from now then I can divorce him then marry my girlfriend and do the petition? 

[Jha 0]

37 minutes ago, Transborderwife said:

Firstly what class of visa did you come on?

 

secondly yes you can petition a spouse and it takes about 2 years

I came on a k1 visa and still currently married to a us citizen man but we are not happy anymore and many of his attitudes changed that is why i am planning to do the divorce soon and that I can marry my girlfriend next year and what is the possible way or any other way how I can bring her here in America? Thank you

[mallafri76 1,012]

9 minutes ago, Jha said:

Does it mean that I still have to struggle myself here being with this man even though we are not happy anymore esp me? Does it mean that I dont have to divorce him immedietly? It means that I have to wait 5years from now then I can divorce him then marry my girlfriend and do the petition? 

You can divorce him now but you can't petition anyone for five years.

[geowrian 22,338]

15 minutes ago, Jha said:

Does it mean that I still have to struggle myself here being with this man even though we are not happy anymore esp me? Does it mean that I dont have to divorce him immedietly? It means that I have to wait 5years from now then I can divorce him then marry my girlfriend and do the petition? 

No. You can divorce him now just fine. You will still need to complete ROC and prove you entered into the marriage in good faith, though. Failure to do so will result in loosing your LPR status. ROC can be completed via a waiver if you are no longer together.

 

12 minutes ago, Jha said:

I came on a k1 visa and still currently married to a us citizen man but we are not happy anymore and many of his attitudes changed that is why i am planning to do the divorce soon and that I can marry my girlfriend next year and what is the possible way or any other way how I can bring her here in America? Thank you

That's fine. Start sooner rather than later...you can't marry until you are fully divorced. In some states, that takes a minimum of a year, and then it can drag out longer via lawyers.

 

You cannot bring her here any other way. She can apply for a tourist visa to visit you during the 5 year period prior to when you can file for her (which she needs to do alone...you cannot sponsor it).

 

Just now, controlla said:

Perfect timing yeah?

Exactly why the 5 year wait provision + ROC exists.

Edited May 8, 2017 by geowrian