Green Card Holder Bringing Fiance / Spouse

[seekingthetruth 1,246]

Asking this hypothetical question for my step daughter, a Filipina.

 

I think we are going to push through this year with completing the IR1 / IR2 for my wife and step daughter, who is 18 and still unmarried.  A possible challenge is that my step daughter might not want to leave the first and only "love or her life" behind.  🙂

 

After she enters the U.S. and gets her green card, does she have any options for him to come join her, anytime soon,  on a fiancé visa, or, get married after she gets the greed card, and do a CR-1?  I would probably end up as the financial support if there is an option.  Or, does she have to wait until she has citizenship?  I really have no idea about this.

 

I actually like him a lot and she could do much worse.  20 years old, hard worker,  smart, and going to aeronautical school, and doing an internship for aircraft mechanic..  I think in a few years he could land a good job in the U.S.

 

@Chancy @Adventine@payxibka

 

 

 

 

[Dashinka 24,466]

Fiancé visas are not an option for LPRs, so the only option is to get married after she becomes an LPR and file the I130 for her spouse under the F2A category.  Good thing is F2A is Current, so only normal processing times (USCIS/NVC/consulate) which I believe is around. 24 months.

 

Good Luck!

Edited January 19, 2023 by Dashinka

[Adventine 3,196]

@Dashinka nailed it. 

 

Whatever your stepdaughter does, she must NOT get married before she enters the US and activates her LPR status. 

 

As an aside, 18/20 years old is still pretty young and a lot can change. Best for your stepdaughter to activate her green card, get used to life in the US, get a stable job of her own, and THEN if she still wants to petition the guy, she can get married and file for him herself.

[seekingthetruth 1,246]

4 minutes ago, Adventine said:

@Dashinka nailed it. 

 

Whatever your stepdaughter does, she must NOT get married before she enters the US and activates her LPR status. 

 

As an aside, 18/20 years old is still pretty young and a lot can change. Best for your stepdaughter to activate her green card, get used to life in the US, get a stable job of her own, and THEN if she still wants to petition the guy, she can get married and file for him herself.

Yes, I know she can't get married.

 

My thinking is along the the same lines as yours.  They are young.  My questions are more about creating a truthful carrot to dangle in front of her if she gets cold feet on moving.  And her boyfriend might be excited about that possibility for his future too.  If they can survive a LDR for a while, that could build a stronger relationship.

 

[Chancy 6,241]

2 hours ago, seekingthetruth said:

If they can survive a LDR for a while, that could build a stronger relationship.

 

They may not even need to LDR for long.  Here's an option for your stepdaughter --

1. Complete IR2 visa processing.
2. Enter the US with IR2 visa.  As the petitioning sponsor, you must be in the US before her or travel together with her.
3. Get married to bf through Utah zoom wedding.  File for ROM through PH consulate in SF.
4. Submit I-131 for re-entry permit, selecting US embassy Manila for delivery.  I-131 may be filed as soon as she has the CBP entry stamp on her IR2 visa.  The permit will allow her to stay outside the US for 2 years (or 4 after renewal).
5. Wait in the US for I-131 biometrics appointment, also her plastic green card.
6. Attend biometrics appointment at USCIS office.
7. Return to the Philippines.
8. File I-130 to start the F2A process for spouse.  Process will be exactly the same as the IR1 process, though the wait time from DQ to interview might be longer.
9. Get re-entry permit in person from USEM once delivered.
10. Return to the US after spouse completes F2A visa processing.  As the petitioning sponsor, she must be in the US before him or travel together with him.

IIRC, these are the steps that @John & Rose's son went through, possibly without the I-131 application.

 

[seekingthetruth 1,246]

14 minutes ago, Chancy said:

IIRC, these are the steps that @John & Rose's son went through, possibly without the I-131 application.

 Thanks for putting that together!  That will be on the back burner, but you never know!