Question: Who can file?

[Mrs. Forgetful 2]

Okay, I am sure this is probably in the guides somewhere, but I haven't quite figured out where to look yet so I thought I would ask.

A friend of my husbands recieved her GC by the lottery. She wants to try to bring her husband here from Morocco. Since she is not a USC, can she still file for a K-3? I told her that I would help her out, but I can't do that if I can't figure out where to start. Please help by pointing me in the right direction.

Thanks!

[Mrs. Forgetful 2]

Okay never mind. Just checked out the USCIS Website. Looks like she'll have to file for a V-Nonimmigrant visa. thanks

[aussiewench 9]

To my knowledge a V visa is only available under certain conditions.

Spouse of an LPR who is the principal beneficiary of a family-based petition which was filed prior to December 21, 2001, and has been pending for at least three years

Source

Was she married before she became an LPR? If so you can read more HERE

Following-to-Join Benefits for Spouses

Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.

If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:

You received a diversity immigrant visa

You received an employment-based immigrant visa

You received an immigrant visa based on your relationship to your U.S. citizen sibling

You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married

Edited November 27, 2006 by aussiewench

[Mrs. Forgetful 2]

Was she married before she became an LPR?

That I'm not sure about. All I know is that she doesn't want the family that she is living with to know that she's married, because I think they are trying to get her to marry one of their relatives so that person can come here. It's a messed up situation. She's also afraid that if they find out that she is married that they will throw her out of the house. So it's all a big secret.