Greencard holder to petition spouse

[ags143 0]

Hi! So my fiance just got his greencard, and he's moving to NYC next month while I'm left here in the Philippines (we're both Filipino citizens). Our plan is for me to get a tourist visa and come visit him next year in NYC, then we'll get married there so he can petition me for a greencard as well. I'll come back in the Philippines as soon as the papers are being processed. 

 

Now I just want to ask if greencard holders can petition spouses ASAP? Or does it have like a required number of months/years of residency before they can file for petition? since my fiance would have just been residing in NYC for a year when we get married next year, is that valid?

 

Please let me know if our plan is something familiar to you, or if you think it would work or not. We need more ideas to work it out. Thank you so much in advance! 

Edited August 31, 2017 by ags143
additional information

[geowrian 22,338]

Yes, an LPR can petition for anybody as soon as they become an LPR. There's no waiting period (except for an LPR who obtained their green card through a prior spouse, which normally needs to wait for 5 years after the divorce to petition a new spouse). The plan sounds fine.

Edited August 31, 2017 by geowrian

[EG&XY 144]

7 minutes ago, geowrian said:

Yes, an LPR can petition for anybody as soon as they become an LPR. There's no waiting period (except for an LPR who obtained their green card through a prior spouse, which normally needs to wait for 5 years after the divorce to petition a new spouse). The plan sounds fine.

And just to add, the process is a little longer than for a USC petitioning for a spouse. Once the petition (I-130) is approved you will have to wait for your priority date to become current (for a visa to become available) so that you can continue on to the visa application. I believe that the current timelines are about 2 years from when he files the I-130 until you are likely to have your green card. USC don't have to wait between when the I-130 is approved until starting to apply for the visa since a visa is automatically available immediately for the spouse of a USC.

[RO_AH 1,667]

34 minutes ago, ags143 said:

Our plan is for me to get a tourist visa and come visit him next year in NYC, then we'll get married there so he can petition me for a greencard as well.

Not to bring you down but tourist visa's are extremely hard to get for Filipino's. I think that a much better option is for you to get married in the Philippines and then file for you once he gets in US.

[geowrian 22,338]

4 minutes ago, RO_AH said:

Not to bring you down but tourist visa's are extremely hard to get for Filipino's. I think that a much better option is for you to get married in the Philippines and then file for you once he gets in US.

True...definitely not easy, unfortunately. But it's worth the shot IMHO. Only $160 to lose.

[JFH 12,191]

*~*~*moved from "K-1 fiancé visa process and procedures" to "bringing family members of LPRs" as OP is not eligible for a K-1 visa*~*~*

[RO_AH 1,667]

4 hours ago, geowrian said:

True...definitely not easy, unfortunately. But it's worth the shot IMHO. Only $160 to lose.

Well the OP sounds like he is still in the Philippines. If they apply and fail they would be out the $160 plus whatever it costs to fly back again from NYC to get married and 3 weeks away from work. I just don't know enough about their situation to know if they are qualified to go that route.

[ags143 0]

11 hours ago, RO_AH said:

Not to bring you down but tourist visa's are extremely hard to get for Filipino's. I think that a much better option is for you to get married in the Philippines and then file for you once he gets in US.

My mom has a tourist visa and she was kind of questioned why she wasn't going to bring her children when she was interviewed at the embassy, so I'm a bit determined that i'll get a shot. But thank you!  

[ags143 0]

11 hours ago, RO_AH said:

Not to bring you down but tourist visa's are extremely hard to get for Filipino's. I think that a much better option is for you to get married in the Philippines and then file for you once he gets in US.

We're just scared to get married here in the PH because it might complicate things especially under the administration of Trump.

[ags143 0]

10 hours ago, JFH said:

*~*~*moved from "K-1 fiancé visa process and procedures" to "bringing family members of LPRs" as OP is not eligible for a K-1 visa*~*~*

Could you please elaborate on this? Thank you

[EG&XY 144]

5 minutes ago, ags143 said:

Could you please elaborate on this? Thank you

A k-1 visa is for a USC to bring their fiancé into the us, get married, and then stay while they file the paperwork for their spouse to become an LPR and get the green card. Your fiancé will not be a USC for quite a while, so you won't be eligible. They simply moved your posting to a section f the site that is more appropriate for your situation.

[Unlockable 7,316]

23 minutes ago, ags143 said:

We're just scared to get married here in the PH because it might complicate things especially under the administration of Trump.

Trump has nothing to do with when, where, or who you marry. Please get rid of this misconception.

[geowrian 22,338]

1 hour ago, ags143 said:

We're just scared to get married here in the PH because it might complicate things especially under the administration of Trump.

Where you get married has no impact on the process (just maybe needing a translation of the marriage certificate if outside the US).

[Boiler 46,361]

First get your tourist visa...

[Crazy Cat 42,683]

4 hours ago, ags143 said:

We're just scared to get married here in the PH because it might complicate things especially under the administration of Trump.

You are sorely misinformed......President Trump has no effect on it whatsoever.

Edited August 31, 2017 by missileman