K-1 Fiancee Visa - for greencard holders too?

[LinChong 0]

Gary & Alla :

Malaysia does not allow dual-citizenships.

So if he or I opts for US citizenship, we will have to surrender our Msian passports.

We do not want to do that. That is our choice.

We realise that US is a great country, but it is not a desire of ours to become American citizens. My fiance is there purely for work and career opportunities.

We would eventually like to return home to live out the rest of our lives - so if we had American passports, that would then/later present a problem.

Yes we realise now that this seems impossible - "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?"

So will go to bed now, and start the uphill battle again. Thanks for your responses though - they were honest and helpful.

[Justine+David 218]

Because your fiance is only a permanent resident, you will have to wait your turn. The CR1 process takes about 8-10 months for a US citizen petition.

For permanent residents, only a certain amount of spouses are allowed to process each month and because there are more applicants than spots available, there is a list available with waiting dates. October 2011 list is here: http://travel.state.gov/visa/bulletin/bulletin_5560.html

You as a spouse would be eligible under the F2A category, which is currently listed as January 8, 2009. What that means is that they are now processing folks who filed before January 8, 2009.

So you are looking at almost a 3 year wait to have your case processed, plus a few months at the embassy level when the case goes for interview.

May sound harsh, but permanent residents aren't citizens. If your fiance doesn't want to become a citizen, then this is the price.

You can visit on a B1, but you can't live here and if you try to come for a few months, fly back to Malaysia for a few weeks, you will likely be denied admission to the US at the border as you are not using the visa on its intended purpose.

You can apply for a diversity visa or a student visa (although you have to pay for everything upfront and school in the US is expensive)...work visas are very hard to come by these days.

[Anh map 2,098]

Gary & Alla :

Malaysia does not allow dual-citizenships.

So if he or I opts for US citizenship, we will have to surrender our Msian passports.

We do not want to do that. That is our choice.

We realise that US is a great country, but it is not a desire of ours to become American citizens. My fiance is there purely for work and career opportunities.

We would eventually like to return home to live out the rest of our lives - so if we had American passports, that would then/later present a problem.

Yes we realise now that this seems impossible - "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?"

So will go to bed now, and start the uphill battle again. Thanks for your responses though - they were honest and helpful.

To live together in the US as green card holders it will take several years. It is possible, just not quick. There is no visa that would allow you to live legally (and work legally) in the US while the process occurs.

Look here for the process >>> http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=75783e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=75783e4d77d73210VgnVCM100000082ca60aRCRD

The visa bulletin can help you learn the priority date / wait time >>>> http://travel.state.gov/visa/bulletin/bulletin_5560.html

[Gosia & Tito 199]

Gary & Alla :

Malaysia does not allow dual-citizenships.

So if he or I opts for US citizenship, we will have to surrender our Msian passports.

We do not want to do that. That is our choice.

We realise that US is a great country, but it is not a desire of ours to become American citizens. My fiance is there purely for work and career opportunities.

We would eventually like to return home to live out the rest of our lives - so if we had American passports, that would then/later present a problem.

Yes we realise now that this seems impossible - "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?"

So will go to bed now, and start the uphill battle again. Thanks for your responses though - they were honest and helpful.

How about one of you ONLY becomse US citizen, such to expedite the getting together, via CR-1 or K-1; then when the time comes; only one of you is a US citizen, the other is still a Malaysia citizen and I'd think that you would not be the first American maried to a Malaysian that wants to live in Malaysia. Of course, a lot of ifs and buts; but that could be your solution; with the advantage of 2 passports in the family that can open other doors for career development

On the other hand, the US government will not ask for your non-US passport at all. Plenty of poeple here have 2 and even 3 nationalities, no problems.

Just saying.

[Boiler 43,718]

There is an obvious solution that has not been mentioned.

[bestofboston 36]

How long has your future husband been living in the USA? He can become a US Citizen after 5 years and then he can apply for any type visa K1 or I-130 if married.

I was under the impression that US Customs would not let you visit on a tourist visa if you are processing a CR-1 Visa. I could be wrong but I thought I had previously read on visa journey where poeple were turned around and sent back to their country because of pending CR-1 visa when coming here on a touris visa.

[Brit Abroad 166]

Is your fiance's visa sponsored by his employer? If so, are they able to offer any assistance with finding/providing a job and suitable sponsorship for yourself as well? Are you on a career path that is desirable in the US, that would aid you in finding employment here?

As the wait is impossibly long for you unless s/he becomes a US citizen, maybe it's time to start looking at alternatives that would allow you to be together sooner.

[Boiler 43,718]

10 years

You are wrong

[Saddle Bronc 124]

I am Malaysian. My fiance is Malaysian + green card holder + living in US.

So does the K1 Visa apply to us too? Or just to US citizens?

If the K1 Visa does not apply to green card holders - what Visa should I apply for?

We are engaged, and prefer to marry in the US.

Best solution for you may be to try for H1-b (work visa) and then come to US and then marry.

As others have stated, it will take you 2-5 years to get IV-number.

[LinChong 0]

Thank You everyone, ALL the info + discussion has been honest and eye-opening to say the least. And very necessary.

Have spoken to my fiance, and we now realise the road ahead of us is a long one.

We haven't made any concrete decisions, but at least we are now armed with more 'real info' from you guys - not just the 'process info' that's on the US visa websites.

Just going to have a sad day today, and pick up next week.

Being apart is tough work...

[Athena June 37]

Thank You everyone, ALL the info + discussion has been honest and eye-opening to say the least. And very necessary.

Have spoken to my fiance, and we now realise the road ahead of us is a long one.

We haven't made any concrete decisions, but at least we are now armed with more 'real info' from you guys - not just the 'process info' that's on the US visa websites.

Just going to have a sad day today, and pick up next week.

Being apart is tough work...

Hi LinChong,

I just wanted to say that you are not alone in this situation - there are many of us here on VJ. My LPR fiance (now husband) and I learnt all of what you have now been told two years ago, and what a shock that was. It was a great comfort for me to find VJ and other people going through the long F2A process. My husband and I had also hoped to find a solution that would allow us to start our married life in the US together, but in the end, we married this summer in the US, had a four-week honeymoon there, and then I returned home to wait for our priority date to be current. It's not easy, and we are still looking for ways for my husband to return to Europe, but it can be done, particularly if you can visit each other. My husband is here this week, and at the moment I feel that life as an F2A visa beneficiary is not that bad after all.

The one thing I would say is that the sooner you marry, the better, so you can get this process started. We delayed our wedding for a year, thinking that I should first have my visa (e.g. H1B), but given that last year the priority dates in the F2A category were advancing in record speed, had we married immediately after our engagement, I might have already been in the US by now.

Good luck with whatever you decide, and hope to see you in the LPR forum!