K-1 Fiancee Visa - for greencard holders too?

[Leatherneck 693]

She cannot petition you with a K-1. That is for citizens only. She can marry you first (anywhere in the world) and then petition you with an I-130. Be prepared to wait 2 -5 years for a visa number.

Percisely why I mentioned to Penguin_ie the petitoner is a LPR, not citizen. Changes the dynamics a bit.

[Gary and Alla 3,694]

what what what?!!! *confused*

maybe this is why people use Immigration lawyers... *sighs*

People use lawyers because lawyers convince them to use them. Lawyers cannot change the law.

Immediate visa numbers are available to citizens ONLY. Your fiancee is not a citizen. She can marry you anywhere, file an I-130, get it approved and then wait several years for you to be assigned a visa number and an interview.

Nothing to be confused about, Nothing you need an attorney for.

[Leatherneck 693]

what what what?!!! *confused*

maybe this is why people use Immigration lawyers... *sighs*

It was not clear that your fiance is a LPR based on the answers you got earlier.

[kzielu 1,147]

what what what?!!! *confused*

maybe this is why people use Immigration lawyers... *sighs*

Lawyer is not going to help here... Be prepared for the wait or live together somewhere else. Other option is being in US and maintain legal status (F1 for example) while waiting for Visa number.

[Leatherneck 693]

LinChong how long has your fiance been a lawful permanent resident?

[Gary and Alla 3,694]

Lawyer is not going to help here... Be prepared for the wait or live together somewhere else. Other option is being in US and maintain legal status (F1 for example) while waiting for Visa number.

They cannot live together somewhere else. His fiancee is an LPR, not a citizen. If she establishes residency anywhere else she loses her LPR status.

The best route, really? wait until she becomes a citizen and then file for a K-1. Visit as much as possible in the meantime. Even if she has to wait four years to be a citizen it will still be faster than an I-130 for a Malaysian. Promise!

[LinChong 0]

He has been a LPR +/- 10 years.

So what are you suggestions on BEST thing to do...

1. Use B1/B2 - enter US

2. Get married there

3. Apply I-130

3. Sit and wait (What is the interim visa called? and will I be able to enter/exit US)

[Leatherneck 693]

He has been a LPR +/- 10 years.

So what are you suggestions on BEST thing to do...

1. Use B1/B2 - enter US

2. Get married there

3. Apply I-130

3. Sit and wait (What is the interim visa called? and will I be able to enter/exit US)

See the post by Gary. Ten (10) years, why so long to become a citizen? There are benefits for doing so as you are learning.

They cannot live together somewhere else. His fiancee is an LPR, not a citizen. If she establishes residency anywhere else she loses her LPR status.

The best route, really? wait until she becomes a citizen and then file for a K-1. Visit as much as possible in the meantime. Even if she has to wait four years to be a citizen it will still be faster than an I-130 for a Malaysian. Promise!

Just a minor correction Gary, her fiance is the LPR.

[LinChong 0]

We both dont want American citizenship (no offense to Americans reading this).

Hence he has been LPR for +/- 10 years and not applied for naturalisation

I dont want to fly in and out - did that the last 2 years, the relationship starts and stalls each time I go in and out.

We just want to marry, and for me to live there permanently with whatever Visa is the RIGHT one..

so I ask whether this is the RIGHT process :

1. Use B1/B2 - enter US

2. Get married there

3. Apply I-130

4. Sit and wait (What is the interim visa called? and will I be able to enter/exit US) - important questions

[Leatherneck 693]

We both dont want American citizenship (no offense to Americans reading this).

Hence he has been LPR for +/- 10 years and not applied for naturalisation

I dont want to fly in and out - did that the last 2 years, the relationship starts and stalls each time I go in and out.

We just want to marry, and for me to live there permanently with whatever Visa is the RIGHT one..

so I ask whether this is the RIGHT process :

1. Use B1/B2 - enter US

2. Get married there

3. Apply I-130

4. Sit and wait (What is the interim visa called? and will I be able to enter/exit US) - important questions

There is no visa that will allow you to live here permanently being married to a LPR, once he files the I-130. If you enter on a B1, you will have to exit and wait for your visa to be available...as in years.

If you do not marry, you can come and go in accordance with the tourist visa you have. Since he does not wish to naturalize, there lies the problem.

[Gary and Alla 3,694]

He has been a LPR +/- 10 years.

So what are you suggestions on BEST thing to do...

1. Use B1/B2 - enter US

2. Get married there

3. Apply I-130

3. Sit and wait (What is the interim visa called? and will I be able to enter/exit US)

No. Apply for US citizenship now. Upon getting citizenship file for K-1 visa or get married while waiting for citizenship and file an I-130 when citizenship is received.

[Gary and Alla 3,694]

We both dont want American citizenship (no offense to Americans reading this).

Hence he has been LPR for +/- 10 years and not applied for naturalisation

I dont want to fly in and out - did that the last 2 years, the relationship starts and stalls each time I go in and out.

We just want to marry, and for me to live there permanently with whatever Visa is the RIGHT one..

so I ask whether this is the RIGHT process :

1. Use B1/B2 - enter US

2. Get married there

3. Apply I-130

4. Sit and wait (What is the interim visa called? and will I be able to enter/exit US) - important questions

You don't want citizenship, you do not want to fly in and out, but you want to be married and live here permanently, and you do not want to wait a long time?

Nice dream. Next lifetime maybe.

There is no "interim visa" that allows you to live here. IF you have a tourist you can go back and forth and spend no more than 180 days per year in the US.

[bigdog 376]

No K1,- Get married in Las Vegas, cheep fun. Return home and apply.

[Gary and Alla 3,694]

We both dont want American citizenship (no offense to Americans reading this).

Hence he has been LPR for +/- 10 years and not applied for naturalisation

I dont want to fly in and out - did that the last 2 years, the relationship starts and stalls each time I go in and out.

We just want to marry, and for me to live there permanently with whatever Visa is the RIGHT one..

so I ask whether this is the RIGHT process :

1. Use B1/B2 - enter US

2. Get married there

3. Apply I-130

4. Sit and wait (What is the interim visa called? and will I be able to enter/exit US) - important questions

I don't understand why someone would NOT want to be a US citizen if they could be. What is the downside? You can still be a Malaysian citizen also and have the travel benefits of US citizen PLUS being able to file for visas for their intended spouse. I don't get it. It isn't about being offended or because I think the US is such a wonderful place, but seriously...why not? What is the bad thing about it?

[Gary and Alla 3,694]

Discuss it with your fiancee. Decide which you do NOT want to do more...

1. Become a citizen

2. Wait 5 years or more to be together

Proceed accordingly. Nothing more to say really.