Jump to content
wangsit

What visa do I need? K-1 or I-130

By wangsit in Bringing Family Members of Permanent Residents to America

 Share

35 posts in this topic

Recommended Posts

wangsit Apprentice

wangsit   2

Posted
Timeline
Posted

Hi, my partner and I are confused what kind of visa do we need to apply.

My partner is American Green card holder with NZ citizenship.
Currently, he is in America to manage his business.

 

I am Indonesian citizen, currently working in New Zealand.

I am holding work visa in New Zealand.

 

We have been in relationship for 1 years+ and 2 weeks ago & we had same-sex marriage ceremony at church.

 

After think about it, my partner prefer for us living in America.
But, we dont know what kind of Visa do we need.

 

Do we need to apply I-130 first? or

Do I need to apply K-1 and get marriage in USA and stay there for awhile till the decision made?

 

where should we start first? What kind of visa do I need to go to America?

What kind of form that is needed first to lodge?

 

The documents we have to support our visa are:

+NZ marriage certificate. (Indonesian government will not accept that I am marriage to same sex, so they will insist I am single)
+Lots of photos of us

+Some chat and email of us (this can be thousands of pages)

+Our joint account
+Our joint rent agreement

 

Which of those documents that is needed to be attached?

 

We were initially stay in NZ.
So, we dont know how to lodge partnership visa in America.
And the information seems too much and hiring lawyer seems costly.

 

Any advice?

Link to comment
Share on other sites
  • Replies 34
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

JFH
JFH

Only US citizens can bring fiancés. Green card holders can only bring spouses. The category is F2A (not CR-1) and takes 2 years to process. You can visit during that time but you cannot live in the US

JFH
JFH

Nope. Only USC spouses. Spouses of LPRs are F2A. 

SusieQQQ
SusieQQQ

Many countries,  including New Zealand, license priests, rabbis, and other religious celebrants as licensed marriage officials and therefore a church etc wedding is automatically official. OP noted in

ClickityClackity Enthusiast

ClickityClackity   134

Posted
Filed: AOS (apr) Country: Spain
 Timeline
Posted (edited)

If you are already married I would apply for a CR1 visa. You'll have to wait until it's approved, but once it is you'll become a resident with a conditional Green Card.

You'll have to start with the I-130 form and go from there.

Edited by Mary&Rafa
Link to comment
Share on other sites
  • Popular Post
JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
  • Popular Post
Posted

Only US citizens can bring fiancés. Green card holders can only bring spouses. The category is F2A (not CR-1) and takes 2 years to process. You can visit during that time but you cannot live in the USA until it is approved. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites
JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

*~*~*moved from “what visa do I need” to “bringing family members of LPRs” as the OP has only one choice*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites
arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

Look for i130 guidelines in this forum and in uscis website.

Your spouse will file i-130 n supporting documents for now. In around 2 years and other processing/paperwork thru NVC, you will appear for the interview. If approved you can then enter US with the immigrant visa and get your GC after arriving in the US.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Link to comment
Share on other sites
ClickityClackity Enthusiast

ClickityClackity   134

Posted
Filed: AOS (apr) Country: Spain
 Timeline
Posted

 

1 minute ago, arken said:

Look for i130 guidelines in this forum and in uscis website.

Your spouse will file i-130 n supporting documents for now. In around 2 years and other processing/paperwork thru NVC, you will appear for the interview. If approved you can then enter US with the immigrant visa and get your GC after arriving in the US.

 

8 minutes ago, JFH said:

Only US citizens can bring fiancés. Green card holders can only bring spouses. The category is F2A (not CR-1) and takes 2 years to process. You can visit during that time but you cannot live in the USA until it is approved. 

Wait, I thought permanent residents can also apply for CR-1...

Link to comment
Share on other sites
wangsit Apprentice

wangsit   2

Posted
Timeline
  • Author
Posted

Ok, so we need to lodge form I-130 and I-130a, firstly?
or only form I-130?


Currently, my partner also lodge for naturalization to be USA citizen as well. 

The visa rules seems different a lot between New Zealand and USA.

We were initially planned stay in NZ, so we are confused how to lodge the partnership visa in USA.

I still have 3 years of work visa in NZ, so if I cancel my work visa it will be confusing for me

Link to comment
Share on other sites
Cyberfx1024 Grand Master

Cyberfx1024   7,980

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
21 minutes ago, Mary&Rafa said:

If you are already married I would apply for a CR1 visa. You'll have to wait until it's approved, but once it is you'll become a resident with a conditional Green Card.

You'll have to start with the I-130 form and go from there.

Sorry but only green card holders can petition a spouse not  partner. The current wait time is 2 years. 

Link to comment
Share on other sites
ClickityClackity Enthusiast

ClickityClackity   134

Posted
Filed: AOS (apr) Country: Spain
 Timeline
Posted
1 minute ago, Cyberfx1024 said:

Sorry but only green card holders can petition a spouse not  partner. The current wait time is 2 years. 

Well he said he got married two weeks ago, so I guess he's a spouse now

Link to comment
Share on other sites
TNJ17 Proficient

TNJ17   1,329

Posted
Filed: K-1 Visa Country:
Timeline
Posted

You need to be provide more information. Your posts are a little confusing. Is one of you a US citizen? Only US citizens can petition for fiances. Are you married or not? Green card holders can only petition for legally married spouses not partners or fiances.

Link to comment
Share on other sites
ClickityClackity Enthusiast

ClickityClackity   134

Posted
Filed: AOS (apr) Country: Spain
 Timeline
Posted
1 hour ago, wangsit said:

We have been in relationship for 1 years+ and 2 weeks ago & we had same-sex marriage ceremony at church.

 

1 minute ago, TNJ17 said:

You need to be provide more information. Your posts are a little confusing. Is one of you a US citizen? Only US citizens can petition for fiances. Are you married or not? Green card holders can only petition for legally married spouses not partners or fiances.

 

He does say he's married... But I agree, it's a little confusing. 

Link to comment
Share on other sites
  • Popular Post
JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
  • Popular Post
Posted
36 minutes ago, Mary&Rafa said:

 

 

Wait, I thought permanent residents can also apply for CR-1...

Nope. Only USC spouses. Spouses of LPRs are F2A. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...