Green card holder to marry his girfriend(what kind of visa)

[PhillipB 1]

So i was reading forum for maybe 3 hours, and now i think i didn't understand  a thing...Here is the situation

 

I am  a green card holder (through lottery), and i would like to marry my girlfriend from Europe, i read some things and i don't get it for what kind of visa should we apply...

If i did understand here is the thing :

-Its CR1 visa we should apply? becuase K1 is for citizens...

-It takes about 2 years to complete the whole process?(maybe more then 2 years...)

 

Things i didn't understand:

-If she get a tourist visa before our marriage , could she use that visa to travel to the US until she get green card ?

-Do i need to have certain income , so she would be eligible?

 

i also read about some other options, so if she come to the US and we get married there it is hard to get greencard? about this it says success rate is 10%...

 

Eventually other option would be to wait until i became a US citizen, but 2019.  will be my first year in US.

 

I am sorry if i post in wrong section, i got really confused after reading forum today

[Roel 7,192]

5 minutes ago, PhillipB said:

So i was reading forum for maybe 3 hours, and now i think i didn't understand  a thing...Here is the situation

 

I am  a green card holder (through lottery), and i would like to marry my girlfriend from Europe, i read some things and i don't get it for what kind of visa should we apply...

If i did understand here is the thing :

-Its CR1 visa we should apply? becuase K1 is for citizens...

You file I-130 in F2A category.

 

Quote

-It takes about 2 years to complete the whole process?(maybe more then 2 years...)

Yes. For green card holders it's 2 years or so.

 

 

Quote

Things i didn't understand:

-If she get a tourist visa before our marriage , could she use that visa to travel to the US until she get green card ?

Yes.

 

Quote

-Do i need to have certain income , so she would be eligible?

Yes. Since you're a primary sponsor. You can always get a joint sponsor.

 

Quote

 

i also read about some other options, so if she come to the US and we get married there it is hard to get greencard? about this it says success rate is 10%...

 

Not an option for a spouse of green card holder.

Not to mention it's a visa fraud.

 

You only have ONE option and it's I-130. Use the guides.

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html

(Really didn't find that info during 3 hour search?)

Edited February 3, 2019 by Roel

[Unlockable 7,314]

You did good for 3 hours of researching. You have most of the info correct.

• yes only US citizens can apply for K1
• yes, it will take roughly 2 years
• yes, you gf/wife can visit you during the process
• she can come here and get married to you, but she needs to return to her country

Here are some things you need to know....

 

• No, she can NOT come to the US to marry and get a green card. She can only visit for a short periods
• No, she can NOT stay in the US during the process. In fact, if she is here too long or too frequently, she can be denied entry. The frequency of visits should be kept at a minimum 

 

You can use the guides on this site to help with everything you need to move forward.

 

 

 

[PhillipB 1]

Thanks for quick answer, i don't want to do any fraud with US law, i was just considering all options.
Okay so one more question.

What should be my yearly income? Because i am planning to spend about 7 months every year in the US , to qualify for citizenship , and the rest of time would spend with girlfriend  in Europe

[Roel 7,192]

8 minutes ago, PhillipB said:

 

What should be my yearly income? Because i am planning to spend about 7 months every year in the US , to qualify for citizenship , and the rest of time would spend with girlfriend  in Europe

Not the best idea. You need to also qualify for domicle for visa requirements.

 

"You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.)"

 

I don't know the exact number, but for the household of 2 you need to make about $22,000 annually.

[PhillipB 1]

Thanks for the info, it is really complicated and it takes too long.  we will probably wait until may to see if she get selected through lottery. I would also would like to know what happens if we start the process and she get selected through lottery, can we just cancel the F2A process or no.... I think the best way is until i became citizen, but it is more then 5  years 😕

Anyway thanks for the answers, lets hope for the best,good luck everyone

[Roel 7,192]

3 minutes ago, PhillipB said:

Thanks for the info, it is really complicated and it takes too long.  we will probably wait until may to see if she get selected through lottery. I would also would like to know what happens if we start the process and she get selected through lottery, can we just cancel the F2A process or no.... I think the best way is until i became citizen, but it is more then 5  years 😕

Anyway thanks for the answers, lets hope for the best,good luck everyone

Applying for the spouse visa now is way better than hoping that she will get enough luck to win the lottery... but whatever you prefer. 

 

And yes, you can cancel anytime. 

 

Also it will still take 12 to 14  months to sponsor someone when you're a citizen. All options take time, sorry, no instant solutions. 

Edited February 3, 2019 by Roel

[carmel34 3,631]

58 minutes ago, PhillipB said:

Thanks for quick answer, i don't want to do any fraud with US law, i was just considering all options.
Okay so one more question.

What should be my yearly income? Because i am planning to spend about 7 months every year in the US , to qualify for citizenship , and the rest of time would spend with girlfriend  in Europe

Will you be able to earn above the minimum ($22,000 per year) to qualify for a spousal visa, if you are only in the US for seven months per year?  No sense waiting five years until you are a US citizen to file for the K-1, unless you are not ready to get married.  It sounds like you are still dating, not engaged to be married yet, so if that is the case, establish yourself in the US with a good job and steady income to meet the income requirements, and go visit her for a few weeks at a time, she comes to the US to visit you for a few weeks as a tourist then goes back, and if you decide to get married, do it and file for the CR-1 visa--takes about 14 months from filing, with you living in the US, and her in Europe.  It is hard to be apart as a married couple (I have been doing this since June of last year, so I know), but you can make it work with frequent visits to see each other.  And don't count on winning the lottery.  Good luck!

[carmel34 3,631]

One more word of caution.  It may be difficult for your girlfriend to get a B-1 tourist visa to visit you in the US because she has a love interest (you) here, and IOs or CBP officers might suspect immigrant intent.  She will need to show strong ties to her home country to get one (owns property, evidence of job and steady income, apartment lease, family ties, etc.).  Sounds like it will be easier for you to visit her anyway based on your comments.

[PhillipB 1]

thanks for advice, i wil somehow make it all work. On the other side if i truly understand i do not have to be her visa sponsor, that could be someone else for example my relatives in US (they have their own business) .She has a job for more then 3 years and also apartment on her, so at least i hope that tourist visa is not going to be problem. 

[NikLR 13,227]

~~moved to bringing family members of LPR to the USA from IR1/CR1 process and procedures.  OP is not a USC~~

[Roel 7,192]

29 minutes ago, PhillipB said:

thanks for advice, i wil somehow make it all work. On the other side if i truly understand i do not have to be her visa sponsor, that could be someone else for example my relatives in US (they have their own business) .She has a job for more then 3 years and also apartment on her, so at least i hope that tourist visa is not going to be problem. 

Yes, you have to be a main sponsor. Always.

Your relatives can be joint sponsors if you don't meet requirements.

[Weebee 57]

Can I just ask the OP - you say 2019 will be your first year in the US? When did you get your diversity visa? And why didn't you just marry your girlfriend so she can immigrate with you? 

I'm asking these questions because if you are a DV2019 selectee, there could still be a chance for you to contact the embassy and tell them you would like to marry. You'll have a hell lot of explaining to do but they might be able to help you and set up a second interview for you and your wife. 

[Unidentified 2,930]

1 hour ago, Weebee said:

Can I just ask the OP - you say 2019 will be your first year in the US? When did you get your diversity visa? And why didn't you just marry your girlfriend so she can immigrate with you? 

I'm asking these questions because if you are a DV2019 selectee, there could still be a chance for you to contact the embassy and tell them you would like to marry. You'll have a hell lot of explaining to do but they might be able to help you and set up a second interview for you and your wife. 

You can't start adding people after the fact that he got chosen. They're strict about this. There are people who have messed up and not put down children and spouses and they've been unable to go. 

[PhillipB 1]

Its really complicated... i got my visa last year, went to US for a month to get social security number, bank account, drivers license and green card, now i am back in Europe to finish college. Basically it was kind of activation trip but lasted a month... And i got into this relationship just after i claimed my visa in passport. I really wish i met her like 3 years ago, but this is what life looks like