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Thread: green card marries outside of US

  1. #1
    If my sister in law (who has her GC) goes to Iran and marries a nice young man that has proposed is there any way she can bring him back to the US ??

  2. #2
    If my sister in law (who has her GC) goes to Iran and marries a nice young man that has proposed is there any way she can bring him back to the US ??

  3. #3
    I think she needs to be a naturalized citizen before she can do this (legally). For more information, go to: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1RCRD

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mansour123:
    If my sister in law (who has her GC) goes to Iran and marries a nice young man that has proposed is there any way she can bring him back to the US ?? </div></BLOCKQUOTE>
    You don't have to be a citizen to file a petition for a spouse, although it will help greatly to speed things up.

    You can file I-130 petition for family member. The only problem is, once the petition is filed, as a priority 2A preferance, your sister in law will have to wait 5 years for visa to become available. Here is a link to visa waiting time for each preferance category.
    http://travel.state.gov/visa/frvi/bu...etin_3169.html

  5. #5
    There is no fiance visa for fiance of LPR. This means that after your sister gets married she must file an I-130 for her husband and wait for five years (unless the numbers are changed by a new law) until a visa becomes available. However, once she becomes a USC she can inform the DHS that she is a citizen and the petition will convert into one for an immediate relative. Immediate relatives do not need to wait for visa numbers because visas are automatically available to IRs.
    Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

  6. #6
    she has to apply for him in consulate. Last I check ed Iran does not have US consulate, so she have to apply nearing country who take care of Iranian aliens.
    Its a discussion, not a legal advise..

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mohan:
    she has to apply for him in consulate. Last I check ed Iran does not have US consulate, so she have to apply nearing country who take care of Iranian aliens. </div></BLOCKQUOTE>
    I think this is incorrect. She has to send I-130 to Service Centers which has jurisdiction over the sister-in-law's US address.

  8. #8
    blah blah blah....
    yeah...she will file 130 to the servise center.. wait for 3-4 years till the priority date become current.. then USCIS will approve 130.. then she will file 824 to transfer approve petition. which will take another one year to transfer. then that guy will be eligible to get immigrant visa and then he will file DS 230 .... wait for another year or so.. etc..
    in the mean time if she become USC then she will upgrade petition , still she has to transfer to consulate which will take year... etc.. do U know what you talking about?

    think other side of the coin ( consulate filing) option to get K visa.. etc.. and the try to judge me if i am right or wrong
    Its a discussion, not a legal advise..

  9. #9
    mohan, isn't K visas only available for spouse or fiancee/prospective spouse of USC? The OP's sister in law is a LPR. Or do you have something else in mind?

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mohan:
    yeah...she will file 130 to the servise center.. wait for 3-4 years till the priority date become current.. then USCIS will approve 130.. then she will file 824 to transfer approve petition. which will take another one year to transfer. then that guy will be eligible to get immigrant visa and then he will file DS 230 .... wait for another year or so.. etc..
    in the mean time if she become USC then she will upgrade petition , still she has to transfer to consulate which will take year... etc.. do U know what you talking about? </div></BLOCKQUOTE>If the sponsors indicates on I-130 that the beneficiary is outside the US (consular processing), there is no I-824, no transfer, and no additional year.. The same is if the petitioner is LPR or USC, or LPR becomes USC and upgrades the petition.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mohan:think other side of the coin ( consulate filing) option to get K visa.. etc.. and the try to judge me if i am right or wrong </div></BLOCKQUOTE> As said, spouses of LPR don't qualify for K3 visa. Consulate filing (submitting I-130 at the consulate abroad) results in CR/IR visa not K3.

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