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Tatemachi

marriage I need advise for process

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Hello, I need your advise or infonation

 

I am a woman original from Japan and living in USA (I am a Greencard Holder)

 

He is in Algeria.

 

We want to marriage.

 

Our GOAL is make family in USA

 

Question

1.Is there possibilities to he gets greencard without I become a Citizen?

 

2.Where we should get marriage, Algeria or USA?

 

3.For He gets Green card what we need to do?

 

Please help us.

 

Thank you

 

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Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline

1. Is he in the US now?  

2. If he is in the US, is he here in legal status (F1 visa, B1/B2, work visa)?

3.  If he is in the US in legal status, has he abided by the terms of the visa?  For example, if he is here on B2, then he did not work and has not worked?

 

If he is in the US, and all 3 questions are "Yes", then you can marry him and Adjust status.  First, get married.  Second, fill out and submit I-130 (spouse visa, F2A) and I-485 (Adjust status).  

 

 

If he is not in the US, then you can get married anywhere that is convenient for the two of you.  Then you would apply for an F2A visa by submitting I-130.  It is similar to CR1, but a diiferent category.  Your spouse will wait in Algeria to complete the process.   Your spouse can visit you (if he has a valid visa) or you can visit him during this process.  You can follow the following guide, even though it says CR1/IR1:

 

 

 

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37 minutes ago, Tatemachi said:

(I am a Greencard Holder)

How many years have you've been a Green Card holder? Based on which eligibility category did you get your Green Card?

37 minutes ago, Tatemachi said:

Is there possibilities to he gets greencard without I become a Citizen?

Depends on the answer to my 2 questions above. If eligible he would be F2A preference category.

37 minutes ago, Tatemachi said:

Where we should get marriage, Algeria or USA?

Either Algeria, US, or other country. Is he in the US right now? If not (and you want to marry inside the US), he'll need a tourist visa and then after you marry in the US he leaves the US to wait for the Immigrant Visa process: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

37 minutes ago, Tatemachi said:

For He gets Green card what we need to do?

The process varies depending on what status he currently has in the US (if any) and where he currently is.

Edited by HRQX
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6 minutes ago, HRQX said:

Thank you so much  for advise!!!!

 

How many years have you've been a Green Card holder? Based on which eligibility category did you get your Green Card?

Will be 14 years (once renewed) Category is E16

Depends on the answer to my 2 questions above. If eligible he would be F2A preference category.

 

Either Algeria, US, or other country. Is he in the US right now? He is in Algeria now. and I think he has 2 year B visa (not sure 1 or 2 )

If not, he'll need a tourist visa and then after you marry in the US he leaves the US to wait for the Immigrant Visa process: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

The process varies depending on what status he currently has in the US (if any) and where he currently is.

 

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18 minutes ago, SteveInBostonI130 said:

Thank you for your help!!!!

 

1. Is he in the US now?   

2. If he is in the US, is he here in legal status (F1 visa, B1/B2, work visa)?

3.  If he is in the US in legal status, has he abided by the terms of the visa?  For example, if he is here on B2, then he did not work and has not worked?

 

If he is in the US, and all 3 questions are "Yes", then you can marry him and Adjust status.  First, get married.  Second, fill out and submit I-130 (spouse visa, F2A) and I-485 (Adjust status).  

He is in Algeria now. and I think he has 2 year B visa (not sure 1 or 2 )

 

If he is not in the US, then you can get married anywhere that is convenient for the two of you.  Then you would apply for an F2A visa by submitting I-130.  It is similar to CR1, but a diiferent category.  Your spouse will wait in Algeria to complete the process.   Your spouse can visit you (if he has a valid visa) or you can visit him during this process.  You can follow the following guide, even though it says CR1/IR1:

I am Green card holder Not a US Citizen, Is still work CR1?

 

 

 

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13 minutes ago, Tatemachi said:

I am Green card holder Not a US Citizen, Is still work CR1?

That guide isn't 100% accurate in your case since your case would be F2A, but it's close. For example after you marry, you submit Form I-130 including the I-130A supplement (which contains his info). You have the option of submitting it online: https://www.uscis.gov/i-130

15 minutes ago, Tatemachi said:

He is in Algeria now

Where do you prefer to marry? Also verify if he either has a B-2 or a B-1/B-2:

USA_Visa_-_Arg.jpg

If it's only B-1, then he cannot use it since the purpose of visit is not Business:

B1-in-lieu.jpg

15 minutes ago, Tatemachi said:

Will be 14 years (once renewed) Category is E16

Good. After you marry he'll be eligible for F2A category.

Edited by HRQX
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1 hour ago, Tatemachi said:

Hello, I need your advise or infonation

 

I am a woman original from Japan and living in USA (I am a Greencard Holder)

 

He is in Algeria.

 

We want to marriage.

 

Our GOAL is make family in USA

 

Question

1.Is there possibilities to he gets greencard without I become a Citizen?

 

2.Where we should get marriage, Algeria or USA?

 

3.For He gets Green card what we need to do?

 

Please help us.

 

Thank you

 

If he has a B visa and can travel to the USA, you can marry here.  However, he would need to abide by the entry granted at POE, and return to Algeria during the visa processing.

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*~*~*moved from “moving to the US” to “bringing family members of USCs”*~*~*

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!

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I assume you have already met in person? Algeria has a pretty high bar in terms of demonstrating that the relationship is bona fide. Although there is no rule as to how many visits you should have prior to the interview, for Algeria the more, the better. 

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!

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13 hours ago, HRQX said:

That guide isn't 100% accurate in your case since your case would be F2A, but it's close. For example after you marry, you submit Form I-130 including the I-130A supplement (which contains his info). You have the option of submitting it online: https://www.uscis.gov/i-130

Where do you prefer to marry? Also verify if he either has a B-2 or a B-1/B-2:

USA_Visa_-_Arg.jpg

If it's only B-1, then he cannot use it since the purpose of visit is not Business:

B1-in-lieu.jpg

Good. After you marry he'll be eligible for F2A category.

Thank you so much HRQX, you are helping us alot, we will talk and findout plan, will be post if we have question, please let us keep in touch with you Thanks again!

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12 hours ago, JFH said:

I assume you have already met in person? Algeria has a pretty high bar in terms of demonstrating that the relationship is bona fide. Although there is no rule as to how many visits you should have prior to the interview, for Algeria the more, the better. 

Yes I met in person in usa and He had to go back to Algeria for work. Thanks for your advise!

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42 minutes ago, Tatemachi said:

He had to go back to Algeria

Also note that he should either travel directly to the US or not transit through the following COVID restricted countries:

Edited by HRQX
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25 minutes ago, HRQX said:

Also note that he should either travel directly to the US or not transit through the following COVID restricted countries:

GOT IT! Thank you so much.

 

I was wondering my green card going to expired in 2025.

so I have to apply renew at least one year before expired,

 

How do you you think if marry in 2022 and apply his green card...maybe took over 2year?  while process his green card if I renew a green card, Is that going to trouble?

 

or should I renew now 2021 before marry if makes easy...

 

if you have a idea please let me know.

 

Thank you

 

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14 minutes ago, Tatemachi said:

so I have to apply renew at least one year before expired,

It's 6 months so don't file too early: https://www.uscis.gov/i-90 "Reason for Application F) My card will expire within six months or has already expired."

14 minutes ago, Tatemachi said:

while process his green card if I renew a green card, Is that going to trouble?

It's not an issue. The expiration date on your card is only about the card, not your status. Your LPR status still continues after that date.

 

Also the I-90 receipt notice together with the expired card serves as a 1 year extension for the card's expiration date: https://www.uscis.gov/i-90 "Beginning in January 2021, if you are applying to renew your Green Card, your Form I-90 receipt notice (also known as Form I-797) will say the following and can be used with your expired Green Card as evidence of your lawful permanent resident status: "This notice provides evidence of your lawful permanent resident status for 12 months from the expiration date on your Form I-551, Permanent Resident Card (also known as a Green Card). You remain authorized to work and travel. This notice, presented with your expired Permanent Resident Card, is evidence of your status and work authorization.""

Edited by HRQX
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