Greencard holder to petition spouse

[Abfim 27]

 Since you guys aren't married yet I would say to do a K-1 visa because it is a lot faster and once you get the visa than you can get married in the states and just stay .

[Crazy Cat 42,683]

2 minutes ago, Abfim said:

 Since you guys aren't married yet I would say to do a K-1 visa because it is a lot faster and once you get the visa than you can get married in the states and just stay .

I would advise anyone who is considering marriage to carefully compare the K-1 and the CR-1.  The K-1 is slightly faster in bringing the 2 people together inside the US, but it is much more expensive when considering AOS.  In addition, a K-1 spouse can not work or travel outside the US for several months  after marriage......then must file AOS paperwork.....just my 2 cents.

[cd37 229]

17 hours 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.

little correct " 5 years after getting green card" not after divorce

[geowrian 22,338]

4 minutes ago, cd37 said:

little correct " 5 years after getting green card" not after divorce

Touchè. Yes, that's correct and what I actually meant to type (brain fart).

[RO_AH 1,667]

5 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.

I think you have been watching too much CNN  I still say that if you are both in the Philippines it will be a much easier route to get married there and then go the CR-1 route. The name Trump has absolutely nothing to do with it. You can read countless stories in these forums where Filipino's have gone through the CR-1 process with no problem. I will be getting married in the Philippines in 1 month and I will be starting my visa journey. The only complications is the 10 days to get a license to marry in the Philippines. If you are from the Mindanao region you might receive a little more scrutiny but that would be the only issue.

 

As for tourist visa. You must prove strong ties to the Philippines. A job, assets like vehicle and property, money in the bank to cover your trip and expenses. However if you are a young single female it will be very difficult. When you tell them that you plan to go to get married and then return, the assumption will be that you will stay and that is the reason you will need to prove very strong ties to the Philippines.

 

Good luck whatever you chose.

 

 

[kzielu 1,154]

57 minutes ago, Abfim said:

 Since you guys aren't married yet I would say to do a K-1 visa because it is a lot faster and once you get the visa than you can get married in the states and just stay .

But you did see "So my fiance just got his greencard" in the very first e-mail, right ? And know that LPRs can't petition for fiancees ?

[Frage 67]

1 hour ago, Abfim said:

 Since you guys aren't married yet I would say to do a K-1 visa because it is a lot faster and once you get the visa than you can get married in the states and just stay .

Petitioner is not a US citizen. 

 

56 minutes ago, cd37 said:

little correct " 5 years after getting green card" not after divorce

Source please? 

[DYandRIGOR 1]

6 hours ago, ags143 said:

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!  

My boyfirend's parents both have tourist visas, the children got denied. You should consider plan B, C, D etc. getting married in the Philippines might be a better route since your fiancé is not a USC yet.

[CEE53147 559]

If he has not entered US to actually receive green card, you must be careful about marriage timing.  If he is immigrating as the SINGLE CHILD, marriage is an issue.

[Tracy-->NY 40]

You won't be able to get married until after he enters the US, if he received his immigrant visa as an unmarried child, he can't enter the US married.  Should you all get married before he enters the US and activates his petition, his visa will no longer be valid.  Once he enters the US you can get married and he can petition you immediately after marriage.  Only US citizens can petition via K-1 visa.

[geowrian 22,338]

40 minutes ago, Frage said:

Source please? 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

See 21.3(2)(L) (Marriage within Five Years of Obtaining LPR Status), based on INA 204(a)(2)(A):

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.

 

 

Edited August 31, 2017 by geowrian

[kris&me 572]

it is fraud to get tourist visa with intent to marry in us

[David & Diana R 1,005]

6 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.

On the contrary.  Getting married in the Philippines is a positive for you.  He would then be petitioning a family member as you would be his wife on a CR-1 visa.

[geowrian 22,338]

Just now, kris&me said:

it is fraud to get tourist visa with intent to marry in us

with intent to marry & stay/adjust status*  Marrying is fine (although proving to CBP that you intend to leave may be difficult).

[Tracy-->NY 40]

18 hours ago, ags143 said:

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! 

Fiance is LPR so you can't be petition via K-1. 

As he received his visa a single, marriage can only happen after fiancé enter the US or visa would be voided which would be evident to uscis/nvc when he petitions for you.

Should you not be able to get visitors visa, he can return to the Philippines and marry, he can submit a petition for you as soon as he goes back to the US once he has all the documentation needed. There is no wait time once he did not receive his visa by marriage to LPR or citizen.

If you go to the US on visitor's visa get married and (over)stay, he would not be able to petition you until he become a citizen as over stay of LPR spouses is not forgiven and cannot be waived.

Currently the wait time from petition to interview for spouses of LPRs is two years.