Announcement

Collapse
No announcement yet.

fiancee is overseas

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • fiancee is overseas

    I am a permanent resident and have been so for over one year now. I had a girlfreind back home but because of certain problems we could not get married and come here together. These problems have now been resolved and I would like her to come over so we can get married.

    Can I petition INS for this, would a lawyer help and what other options do I have ?

  • #2
    I am a permanent resident and have been so for over one year now. I had a girlfreind back home but because of certain problems we could not get married and come here together. These problems have now been resolved and I would like her to come over so we can get married.

    Can I petition INS for this, would a lawyer help and what other options do I have ?

    Comment


    • #3
      Yes. You can file a K-1 Fiance visa for her. When she arrives, you must get married within 90 days.

      It never hurts to see a lawyer (except the pocket book), but if there are no problems with your case, you may not need one.

      See http://k1.exit.com

      Congratulations and good luck

      Comment


      • #4
        Actually I don't think you can use the K visa. It's for US citizen's fiancees only. As a permanent resident, your spouse has to maintain her own legal status (e.g. H1, F1) while waiting for the green card petition.

        Comment


        • #5
          From the INS website it appears like only citizens can petition. Which leaves me wondering if a lawyer would be of any use or do I go chance the F1 route.

          Comment


          • #6
            Frank,
            Don't get married. Trust me. After they get married, women get fat and cut their hair. Just trying to help.

            Comment


            • #7
              Your fiancee will likely face difficulty qualifying for a student visa because she will have to convince the embassy that she will return to her country after her studies - not realistic if she is married to an LPR.

              Comment


              • #8
                Just out of curiosity. Why do you need to tell INS or US embassy that you have a fiance in the US? There's really no legal binding between two people that they will actually get married in the future. There's no guarantee.

                Comment


                • #9
                  The back of the visa application specifically asks the question: Do you have any of the following living in the US - spouse/parents/fiancee/brothers/sisters.

                  Please do not consider answering this question with an "inaccurate" response. It will only lead to more difficulties.

                  Comment


                  • #10
                    It's on the form? Okay then, I guess you got to tell them.

                    Comment


                    • #11
                      juju

                      Only a United States Citizen may sponsor a Fiancé Visa. A Legal Permanent Resident must file a Permanent Resident petition which operates on a difficult schedule.

                      Comment


                      • #12
                        It's best not to get married until you can find out if she qualifies for f1 or H visa so she can live with you. Otherwise, she will have to have a petition which takes more than 3 years.

                        Comment


                        • #13
                          Thanks all of you guys the my challenge is clearer.

                          How do I file for A Legal Permanent Resident petition and how difficult is the schedule ?

                          Comment


                          • #14
                            The petition in question is if you marry your fiancee while you are a green card holder - then you would file an I130 for her as the spouse of a legal permanent resident. Unfortunately the approximate time for this petition to be, in effect, valid (that is, a visa 'number' available) is about 4 1/2 years. This waiting time is not in effect for spouses (and children) of American citizens.
                            This is probably the "schedule' that another contributor was referring to.

                            Comment


                            • #15
                              Frank,

                              Guest 1 is correct, you can only file for I-130 which takes about 4-5 years give or take.

                              If you really want to marry her now, you can but she might have a difficult time getting a visa because INS will see her as as intending immigrant, ergo, 4-5 years separation.

                              If you two can wait, get your citizenship and then file for K1 visa and then get married here, which is about the same time frame as filing the I-130 (if you just got your LPR)

                              I saw a thread regarding this sometime ago, and the one who posted was leaning towards waiting for his citizenship.

                              Good luck!

                              Comment



                              Working...
                              X