Questions about change of status application

[kbor 0]

I am a permanent resident of US and currently eligible to apply for my naturalization/citizenship. However, I am single and planning to get married in the next few months. My fiancee is in her country and doesn't have any US visa. Considering my situation, what are the best possible options for me? The priority is to get her to the US as soon as possible and also minimize the overall process duration.

 

1. Should I first apply for my naturalization and wait for that process to complete before applying for her permanent residency?
2. Should I first apply for my naturalization and then immediately apply for her permanent residency? Will there be any complications in this scenario if my status changes while her application is in process?
3. Should I first apply for her permanent residency and wait for that process to complete before applying for my naturalization?
4. Should I first apply for her permanent residency and and then immediately apply for my naturalization? Can there be any complications in this scenario if my status changes while her application is in process?

 

Thanks

[arken 4,197]

No need to analyze options:

File for naturalization, marry, file a petition for your wife.

[canadian_wife 1,822]

I do not believe that permanent residents are eligible to file a fiancé visa.  Thus your options are pretty clear. 

 

Oh, and it is a little thing about the fiancé visa process, but please learn the difference between applying and petitioning.   You do not apply for anything.  

 

Good luck - arken has the best path forward for you.  Take that advice. 

Edited November 14, 2021 by canadian_wife

[kbor 0]

Thanks arken and canadian_wife, appreciate your response and suggestions.

So, to summarize, I should first submit my application for my naturalization, get married and then file my wife's petition (irrespective of my naturalization status at that time). Is that accurate?

 

Is there a need to inform USCIS once I obtain my certificate of naturalization (apparently it looks like the processing timelines is different for permanent resident's spouse v/s a US citizen's spouse ), and could that help in expediting my wife's petition?

[arken 4,197]

7 minutes ago, kbor said:

Is that accurate?

Yes. If you get the naturalization certificate while i130 is pending or at NVC after approval, you can inform then about your usc status. However if the dna that you are gonna leave over there grows into a decent size that might pop out before your wife immigrates, you will need a separate petition for the newcomer. If you don't naturalize, the new comer can immigrate with the mom without a separate petition.

[SalishSea 17,833]

1 hour ago, kbor said:

could that help in expediting my wife's petition?

It does not really expedite it.  It will still take a couple of years for her to receive the visa.

Edited November 14, 2021 by Jorgedig

[SalishSea 17,833]

2 hours ago, kbor said:

The priority is to get her to the US as soon as possible and also minimize the overall process duration.

There really is no way around how long it takes.  Both the K-1 and CR-1 routes are taking up to two years at the moment.

[aaron2020 11,651]

You can not expedite the process.  It is what it is.  You have to wait like everyone else.

 

The quickest way to get an immigrant visa is to start the process as soon as possible.  

You will have to marry and file an I-130 for your wife to start the process as soon as possible.  As a green card holder, you can for a spouse - you can not file for a fiancee.  Naturalization can take at least a year.  Once you become a US citizen, you can upgrade the petition that you filed when you were a green card holder.

It will take 2-3 years for your spouse to get to the US.  That is what everyone else in your situation has to endure.  There is no expedite because I miss my wife or I want her here as soon as possible.  You have to wait in the same line as everyone else who wants their spouses to immigrate to the US.  

[kbor 0]

Sure, I understand the process better now. Assuming I get my citizenship in 12-15 months, after that can I go and stay in her country (say I have to quit my job in US and provide my friend's address as correspondence address) until she gets her green card? Is that an option, or as a sponsorer do I have to be physically present and working in the US while her petition is in process?

[SalishSea 17,833]

2 hours ago, kbor said:

Sure, I understand the process better now. Assuming I get my citizenship in 12-15 months, after that can I go and stay in her country (say I have to quit my job in US and provide my friend's address as correspondence address) until she gets her green card? Is that an option, or as a sponsorer do I have to be physically present and working in the US while her petition is in process?

If you do that, you will be subject to showing evidence of domicile (a friend's address is not adequate), and probably get a joint sponsor.  It can be pretty complicated.  Suggest you do some research on it.

[aaron2020 11,651]

4 hours ago, kbor said:

Sure, I understand the process better now. Assuming I get my citizenship in 12-15 months, after that can I go and stay in her country (say I have to quit my job in US and provide my friend's address as correspondence address) until she gets her green card? Is that an option, or as a sponsorer do I have to be physically present and working in the US while her petition is in process?

That is going to be a problem unless you have a qualified Joint Sponsor.

As the petitioner, you will have to submit an I-864 Affidavit of Support for your wife.  Without a job and living in her country, you will not qualify to be her sponsor unless you have countable assets.  To overcome your lack of an income, you would need a qualified Joint Sponsor.   Furthermore, you would need to show that you have a US domicile (US resident).  Your friend's address will not suffice.