Greencard holder to petition spouse

[cd37 229]

55 minutes ago, Frage said:

Petitioner is not a US citizen. 

 

Source please? 

here you go sir

 

encyclopedia/my-husband-got-us-green-card-through-previous-marriage-c

[RO_AH 1,667]

13 minutes ago, kris&me said:

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

That is not correct. As long as you state your purpose for your visit and show strong enough ties that you WILL return you can come in on a tourist visa and get married. The proving strong enough ties is the biggest hurdle.

[Tracy-->NY 40]

1 minute ago, RO_AH said:

That is not correct. As long as you state your purpose for your visit and show strong enough ties that you WILL return you can come in on a tourist visa and get married. The proving strong enough ties is the biggest hurdle.

Have to agree my spouse and I got married in US and he had a tourist visa.  He returned to home country a week after.  And has visited twice since whilst awaiting his interview.

[RO_AH 1,667]

41 minutes ago, Tracy-->NY said:

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. 

Yes this was my biggest concern with suggesting getting married in the Philippines. I am not sure what method he used to acquire the green card.

 

Definitely do not get married if he acquired it as a single child. In that case try for a tourist visa to go to US and get married. After you are denied then make plans for him to go to the Philippines and marry you no matter who the president is

[dwheels76 5,477]

3 hours 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 .

K1 is not an option for them the petitioner is a LPR. They have to marry if she is to immigrate.

[dwheels76 5,477]

1 hour ago, cd37 said:

here you go sir

 

encyclopedia/my-husband-got-us-green-card-through-previous-marriage-c

That's just advice given that they best wait.  You notice the wording is:

"A foreign-born person is best off waiting five years after obtaining a green card through marriage before petitioning for a new spouse to immigrate."

Not required for all. It looks suspicious but I know many people got remarried right after divorcing a USC and married their homeland person. It happens.

[cd37 229]

21 minutes ago, dwheels76 said:

That's just advice given that they best wait.  You notice the wording is:

"A foreign-born person is best off waiting five years after obtaining a green card through marriage before petitioning for a new spouse to immigrate."

Not required for all. It looks suspicious but I know many people got remarried right after divorcing a USC and married their homeland person. It happens.

I understand that dude but j was just correcting the other person

you can marry as soon as you want but if you do it within 5 years then you will face more scrutiny by uscis

[geowrian 22,338]

20 minutes ago, cd37 said:

I understand that dude but j was just correcting the other person

you can marry as soon as you want but if you do it within 5 years then you will face more scrutiny by uscis

Actually, the marriage itself within 5 years is fine. Petitioning for them within the 5 year period after gaining LPR status based on a marriage is where the cited INA provision comes into play.

[ags143 0]

Hello guys, thank you so much for the info. so to make things clear:

 

- I'm not planning to enter the US via K1 visa since he's not a citizen. After reading through sites, I figured it would be much better to get a tourist visa (OF COURSE, NOT MENTIONING THAT I HAVE A FIANCE IN THE US BECAUSE THERES A HIGHER CHANCE OF BEING DENIED). 

- For the tourist visa, I'm studying my masters and have a job here in the PH (so I figured people at the embassy would know I'd come back in the PH, and not assume that I'd stay in the US illegally.) 

- My fiance got his greencard through his step dad (who is a US citizen). He and his younger brother already has a greencard. We both don't have previous spouses. 

- Sorry about Trump being mentioned here, but I just thought - better safe than sorry, which is also why I posted here because you guys know better than me  

 

- So again, the plan -

1) get a TOURIST VISA while fiance is in NYC

2) go to the US next year VIA TOURIST VISA

3) get married in NYC

4) go back to the Philippines

 

Then he can petition me for a greencard. I just have to stay in the PH while waiting — it's very risky but I really love this man and we've been together for 6 years so there's really no giving up now.

 

Does that make sense? Please let me know if our plan is flawed. Thank you so much for all your help!  

[Boiler 46,361]

Quote

 For the tourist visa, I'm studying my masters and have a job here in the PH (so I figured people at the embassy would know I'd come back in the PH, and not assume that I'd stay in the US illegally.) 

I would focus on the job, you would be silly to leave such a good job to work in the US illegally.

[RO_AH 1,667]

3 hours ago, ags143 said:

Please let me know if our plan is flawed.

Here is the flaw

3 hours ago, ags143 said:

(OF COURSE, NOT MENTIONING THAT I HAVE A FIANCE IN THE US BECAUSE THERES A HIGHER CHANCE OF BEING DENIED). 

You have been told your options so you will choose what is best for you. Beware that any efforts to lie or conceal your reasons for entry may kill your chance of ever coming to US at all .

 

Say you get the tourist visa and then get married. Then you return home less than a month later to go to school. Then he files a CR-1. Do you think maybe that they will be suspicious that you entered without a fiance or intentions of getting married, met a guy, weeks later decided to get married just as a coincidence?

 

Your plan is VERY risky and pretty much against the TOS to discuss here I believe. Best of luck to you, I know how hard it is to be away from the person you love.

Edited September 1, 2017 by RO_AH

[EmilyW 1,547]

As per what @RO_AH said, your plan to not mention and/or lie about your fiance is a big problem.  If they don't ask, don't tell.  But I can almost guarantee they will ask (you are from the Philippines, single and travelling to the US - for better or worse, they may assume you are here to find a husband) and, if you lie, that's deception.