options for permanent residents

[birdman2010 0]

As per http://travel.state.gov/visa/immigrants/types/types_1493.html

it doesn't appear that permanent residents can bring spouses nor fiancees.

A friend who's a permanent resident has asked if he could bring his girlfriend from Nepal.

Here are the options I know of:

1. Wait until my friend is a citizen, and then have him do a K-1 or K-3.

2. Have my friend's girlfriend come on a student visa, marry here, have her continue her schooling until my friend can be a citizen. When he becomes a citizen have her return to Nepal. Have my friend then apply for a K-3 visa for her.

Maybe option 2 would allow them to be together sooner, but I'm a little concerned about the so-called "visa fraud" issue of having them marry while she's here on a student visa. Would having her return to Nepal when a.) he becomes a citizen and when he b.) simultaneously files a K-3 visa app. alleviate the "visa fraud" issue?

In other words if she returns to Nepal when they actually file the K-3 visa app would that help get over the fact that they married while she came on a student visa?

Thanks.

[Frank_kay 0]

I'm pretty sure that LPR's can petition for their spouses as that's what is happening with me!

I think the V visa is an out dated visa for spouses of permanent residents who had been waiting 3 or more years for a visa.

[YuAndDan 153]

LPR's can file an I-130 for an IR-1 spouse visa and once naturalize and becomes a citizen can inform NVC of this and the case gets immediately processed and then sent to consulate for interview.

Do a little study. K-3 is dead.

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL pull the I-130 from the queue and then tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

Filing an I-129F will only slow the process down when they pull the I-130 out of the queue to combine the two petitions.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

NVC WILL CANCEL the K-3 if they receive the two petitions from USCIS together.

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

If anticipating a K-4 for an accompanying step child and did not file an I-130 for the step child, you will have a problem when NVC kills the K-3, if this is the case, it would be best to file an I-130 for step child now with a cover letter explaining the parent's case along with a copy of parent's I-130 NOA1 receipt letter attached.

[JimVaPhuong 4,863]

I'm kinda surprised there's no VJ guide for LPR options.

1. There are no fiancee visa options for a permanent resident.

2. A US citizen can file an I-129F petition for their fiancee. The visa category is K1. No priority dates are involved, so the total time is whatever is required for the petition approval and consular processing - roughly 6 to 10 months. A K1 is a non-immigrant visa. The alien must apply for adjustment of status after coming to the US and marrying the petitioner before they will get a green card.

3. A permanent resident may file an I-130 petition for their spouse. The visa category is family preference 2A. The priority date is the day the petition is accepted by USCIS. When the priority date becomes current then the foreign spouse can apply for the visa. Current wait time for an FB2A is about 4 years. An FB2A is an immigrant visa. The alien will receive a green card within weeks of arriving in the US.

4. A US citizen can file an I-130 petition for their spouse. The visa category is CR1 (if married less than two years) or IR1 (if married more than two years). No priority dates are involved, so the total time is whatever is required for the petition approval and consular processing - roughly 8 to 12 months. An IR1/CR1 is an immigrant visa. The alien will receive a green card within weeks of arriving in the US.

5. A permanent resident who has filed an I-130 petition for an FB2A visa, and who has since become a US citizen, can have their petition upgraded to IR1/CR1. This will eliminate the wait for the priority date to become current. Further processing will be the same as for IR1/CR1.

[dhau 0]

I'm kinda surprised there's no VJ guide for LPR options.

1. There are no fiancee visa options for a permanent resident.

2. A US citizen can file an I-129F petition for their fiancee. The visa category is K1. No priority dates are involved, so the total time is whatever is required for the petition approval and consular processing - roughly 6 to 10 months. A K1 is a non-immigrant visa. The alien must apply for adjustment of status after coming to the US and marrying the petitioner before they will get a green card.

3. A permanent resident may file an I-130 petition for their spouse. The visa category is family preference 2A. The priority date is the day the petition is accepted by USCIS. When the priority date becomes current then the foreign spouse can apply for the visa. Current wait time for an FB2A is about 4 years. An FB2A is an immigrant visa. The alien will receive a green card within weeks of arriving in the US.

4. A US citizen can file an I-130 petition for their spouse. The visa category is CR1 (if married less than two years) or IR1 (if married more than two years). No priority dates are involved, so the total time is whatever is required for the petition approval and consular processing - roughly 8 to 12 months. An IR1/CR1 is an immigrant visa. The alien will receive a green card within weeks of arriving in the US.

5. A permanent resident who has filed an I-130 petition for an FB2A visa, and who has since become a US citizen, can have their petition upgraded to IR1/CR1. This will eliminate the wait for the priority date to become current. Further processing will be the same as for IR1/CR1.

A question on 5th point. If the I-130 petition for FB2A has already been approved ( received NOA2 and waiting on priority date) and the petitioner then becomes citizen and upgrades the case to IR1/CR1, will it still take 8-12 months? I am asking the question because if the I-130 petition has been approved it takes off almost 5-6 months of I-130 approval from the processing time. Just new to the process so not sure how it works.

Thanks!

[RICARDO4EVA2 194]

A question on 5th point. If the I-130 petition for FB2A has already been approved ( received NOA2 and waiting on priority date) and the petitioner then becomes citizen and upgrades the case to IR1/CR1, will it still take 8-12 months? I am asking the question because if the I-130 petition has been approved it takes off almost 5-6 months of I-130 approval from the processing time. Just new to the process so not sure how it works.

Thanks!

yes it will take the normal processing of the standard US Citizen's spouse who will have a visa ready for him/her quick as the case can be completed.

[YuAndDan 153]

A question on 5th point. If the I-130 petition for FB2A has already been approved ( received NOA2 and waiting on priority date) and the petitioner then becomes citizen and upgrades the case to IR1/CR1, will it still take 8-12 months? I am asking the question because if the I-130 petition has been approved it takes off almost 5-6 months of I-130 approval from the processing time. Just new to the process so not sure how it works.

Thanks!

If it has been approved by USCIS and is sitting at NVC waiting for priority date, and the petitioner LPR becomes citizen, the petition then becomes eligible for immediate processing at NVC, the new citizen needs to contact NVC and perhaps send evidence of citizenship to get petition miving at NVC, no additional time needed by USCIS. So yes the 5 6 months processing wont be repeated once becoming citizen.

[JimVaPhuong 4,863]

A question on 5th point. If the I-130 petition for FB2A has already been approved ( received NOA2 and waiting on priority date) and the petitioner then becomes citizen and upgrades the case to IR1/CR1, will it still take 8-12 months? I am asking the question because if the I-130 petition has been approved it takes off almost 5-6 months of I-130 approval from the processing time. Just new to the process so not sure how it works.

Thanks!

The process for an FB2A and an IR1/CR1 is basically the same. The biggest difference is that everything stops on an FB2A when the approved petition arrives at NVC, and then the processing resumes when the priority date becomes current. If the petitioner becomes a US citizen and upgrades their petition then the priority date becomes irrelevant, and processing immediately resumes. Since nothing has to be repeated, the remaining processing time is whatever it normally would be for an IR1/CR1 at that stage in the process.

[Export of Dhaka 8]

LPR's can file an I-130 for an IR-1 spouse visa and once naturalize and becomes a citizen can inform NVC of this and the case gets immediately processed and then sent to consulate for interview.

Do a little study. K-3 is dead.

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL pull the I-130 from the queue and then tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

Filing an I-129F will only slow the process down when they pull the I-130 out of the queue to combine the two petitions.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

NVC WILL CANCEL the K-3 if they receive the two petitions from USCIS together.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

If anticipating a K-4 for an accompanying step child and did not file an I-130 for the step child, you will have a problem when NVC kills the K-3, if this is the case, it would be best to file an I-130 for step child now with a cover letter explaining the parent's case along with a copy of parent's I-130 NOA1 receipt letter attached.

How does an LPR petition for his/her spouse for an IR-1 visa? Isn't IR-1 classification reserved for spouses of US Citizens?

http://travel.state.gov/visa/immigrants/types/types_1306.html

Edited March 1, 2011 by Export of Dhaka

[RICARDO4EVA2 194]

How does an LPR petition for his/her spouse for an IR-1 visa? Isn't IR-1 classification reserved for spouses of US Citizens?

http://travel.state....types_1306.html

It's not an option. I guess the responder was trying to say if they marries was less/more than 2 years from what I understood.

[YuAndDan 153]

How does an LPR petition for his/her spouse for an IR-1 visa? Isn't IR-1 classification reserved for spouses of US Citizens?

http://travel.state....types_1306.html

Still considered to be an Immediate Relative. but if you want to get technical the immigrant classification will be F-26.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502215#C

[Export of Dhaka 8]

Still considered to be an Immediate Relative. but if you want to get technical the immigrant classification will be F-26.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502215#C

We HAVE to be technical/accurate. "Immediate Relative" is NOT a loose term - it has very specific meaning that is defined in the INA.

[xiaozhu 4]

As per http://travel.state.gov/visa/immigrants/types/types_1493.html

it doesn't appear that permanent residents can bring spouses nor fiancees.

A friend who's a permanent resident has asked if he could bring his girlfriend from Nepal.

Here are the options I know of:

1. Wait until my friend is a citizen, and then have him do a K-1 or K-3.

2. Have my friend's girlfriend come on a student visa, marry here, have her continue her schooling until my friend can be a citizen. When he becomes a citizen have her return to Nepal. Have my friend then apply for a K-3 visa for her.

Maybe option 2 would allow them to be together sooner, but I'm a little concerned about the so-called "visa fraud" issue of having them marry while she's here on a student visa. Would having her return to Nepal when a.) he becomes a citizen and when he b.) simultaneously files a K-3 visa app. alleviate the "visa fraud" issue?

In other words if she returns to Nepal when they actually file the K-3 visa app would that help get over the fact that they married while she came on a student visa?

Thanks.

Agree with you, option 2 is more efficient. Marriage during F-1 visa is not a fraud. Following link discussed it.

http://www.visajourney.com/forums/topic/293123-marriageaos-on-f1-visa/page__p__4442832__fromsearch__1#entry4442832

I do not know if she can adjust her status when your friend is LPR. But I think it is not important since she has F-1 visa which allows her stay in USA legally for years.

When your friend becomes a citizen, her status will be adjusted in the state. No need to leave the country. K-3 is not applicable for her.

Another thing is that it is better for her not leave the country till her adjustment is complete because it may be harder for her to use F-1 visa reenter USA since she is married to a LPR or USC. although she still is a student.