What visa is necessary, if one at all?

[purem4g1c 113]

Hiya, asking a question for my wife's cousin. She just got approved for a green card last month (August 2019). She has a boyfriend in China who she wants to marry, would it be better off for her to get a K-1 visa or CR-1 route, or would she not be eligible at all because she is so new to the USA? She would be able to get a joint sponsor with sufficient income. I know the difference between K-1 and CR-1 so you don't need to explain which one is more cost effective, it is more "which one is better for a new US immigrant" I am assuming CR-1.

[SusieQQQ 11,587]

Neither, she would sponsor him under F2A once they are married - this is the spouse of a permanent resident category. She obviously needs to actually get her green card first. 

[payxibka 10,047]

4 minutes ago, purem4g1c said:

Hiya, asking a question for my wife's cousin. She just got approved for a green card last month (August 2019). She has a boyfriend in China who she wants to marry, would it be better off for her to get a K-1 visa or CR-1 route, or would she not be eligible at all because she is so new to the USA? She would be able to get a joint sponsor with sufficient income. I know the difference between K-1 and CR-1 so you don't need to explain which one is more cost effective, it is more "which one is better for a new US immigrant" I am assuming CR-1.

Green card holder is not eligible to petition for a fiancee.   Time to do some due diligence 

[purem4g1c 113]

2 minutes ago, SusieQQQ said:

Neither, she would sponsor him under F2A once they are married - this is the spouse of a permanent resident category. She obviously needs to actually get her green card first. 

Once she has the green card could she just fly to China, marry & come back? F2A visa takes 10 years+ to get right?

 

3 minutes ago, payxibka said:

Green card holder is not eligible to petition for a fiancee.   Time to do some due diligence 

Right, only citizen, thank you

[payxibka 10,047]

6 minutes ago, purem4g1c said:

F2A visa takes 10 years+ to get right?

 

No.  Check the latest visa bulletin for current priority dates and you can determine how long it will take 

[purem4g1c 113]

5 minutes ago, payxibka said:

No.  Check the latest visa bulletin for current priority dates and you can determine how long it will take 

Looks like 800-870 days I guess, thank you very much

[SalishSea 18,125]

22 minutes ago, purem4g1c said:

Hiya, asking a question for my wife's cousin. She just got approved for a green card last month (August 2019). She has a boyfriend in China who she wants to marry, would it be better off for her to get a K-1 visa or CR-1 route, or would she not be eligible at all because she is so new to the USA? She would be able to get a joint sponsor with sufficient income. I know the difference between K-1 and CR-1 so you don't need to explain which one is more cost effective, it is more "which one is better for a new US immigrant" I am assuming CR-1.

How did she get her green card?

[purem4g1c 113]

1 minute ago, Jorgedig said:

How did she get her green card?

She was sponsored through a sibling visa, she was one of the children of the siblings. F4 visa I think.

[HRQX 4,145]

3 minutes ago, purem4g1c said:

Looks like 800-870 days I guess, thank you very much

Not that long. Especially if F2A remains Current: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-october-2019.html

[SalishSea 18,125]

2 minutes ago, HRQX said:

Not that long. Especially if F2A remains Current: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-october-2019.html

Could change before she has a chance to file.

[geowrian 22,338]

Also, I-130 processing by CSC (who generally handle F2A petitions) tends to take ~18 months or so last I checked. So ~2 years total stills sounds about right.

[SusieQQQ 11,587]

1 hour ago, purem4g1c said:

Looks like 800-870 days I guess, thank you very much

What are you looking at?? F2A is “current” at the moment so it only takes the processing time for the forms. It may not stay current, but historically it’s been about 2 years.

[purem4g1c 113]

1 hour ago, SusieQQQ said:

What are you looking at?? F2A is “current” at the moment so it only takes the processing time for the forms. It may not stay current, but historically it’s been about 2 years.

https://www.visajourney.com/timeline/k1list.php?op1=3&op3=8&op5=&op6=All

 

That's where I looked xD

[SusieQQQ 11,587]

1 hour ago, purem4g1c said:

https://www.visajourney.com/timeline/k1list.php?op1=3&op3=8&op5=&op6=All

 

That's where I looked xD

You should be looking at table 1 of the visa bulletin for priority dates https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-october-2019.html

and you can get current form processing times by center here https://egov.uscis.gov/processing-times/

 

Of course it could go back to the more typical two year wait which aligns more with the small sample of self-reported VJ timeline cases... it will almost certainly retrogress to priority date determination at some stage, just no idea what that wait might be

Edited September 19, 2019 by SusieQQQ

[Chia-Lyns 17]

You can expect 2yrs and allow some few months.