US National Fiancé

[JV7587 0]

Hi all,

 

This forum has been a godsend for me the past few months. Thank you to all those who contribute in putting together the resources available on here.

I've sifted through search results but cannot seem to find the required information, so I thought to create my own thread and ask for help and information.

My partner is a US National from American Samoa but lives and works in CA and has done so for 20+ years. As he is considered a National and not a Citizen does this mean we are ineligible for the K1 and other visas that require the petitioner to be a USC? 

 

Any information is greatly appreciated! 

[Lil bear 3,831]

8 minutes ago, JV7587 said:

Hi all,

 

This forum has been a godsend for me the past few months. Thank you to all those who contribute in putting together the resources available on here.

I've sifted through search results but cannot seem to find the required information, so I thought to create my own thread and ask for help and information.

My partner is a US National from American Samoa but lives and works in CA and has done so for 20+ years. As he is considered a National and not a Citizen does this mean we are ineligible for the K1 and other visas that require the petitioner to be a USC? 

 

Any information is greatly appreciated! 

My understanding is that a US National has the same immigration rights as an LPR. So a fiancé of a US national cannot apply for a fiancé visa (K1) but a spouse of a US National can apply for a spouse of an LPR visa   Current processing time around 2 years. 

[JV7587 0]

Thank you @Lil bear

[JV7587 0]

Beginning to see how it can become a little murky regarding nationals born in US territories. Image attached is from usa.gov and states that you are a USC if you have a birth certificate issued by a US state/ territory which my partner has.

Wonder if this means he would just need to apply for citizenship to make it official or if he already is one because of the US issued birth certificate

 

 

[geowrian 22,335]

I'd defer to the I-130 instructions: https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

Quote

Non-citizen U.S. nationals (as defined in the Immigration and Nationality Act (INA) section 308) have the same rights as lawful permanent residents to petition for family members. If you are a U.S. national born in American Samoa or Swains Island (or who otherwise qualifies as a non-citizen U.S. national, as described in INA section 308), you should indicate in Part 2., Item Number 36. of the petition that you are a lawful permanent resident. You do not need to list an Alien Registration Number (A-Number) in Part 2., Item Number 1. of the petition.

This would preclude being an eligible K-1 petitioner.

 

Edit: The above screenshot is a general guideline. But it does not apply to American Samoa for INA purposes. See:

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim.

https://preview.uscis.gov/policy-manual/volume-12-part-a-chapter-2

 

They can qualify for citizenship if they otherwise meet the requirements for naturalization, though.

Edited September 30, 2019 by geowrian

[Hank_ 9,172]

4 hours ago, JV7587 said:

Beginning to see how it can become a little murky regarding nationals born in US territories. Image attached is from usa.gov and states that you are a USC if you have a birth certificate issued by a US state/ territory which my partner has.

Wonder if this means he would just need to apply for citizenship to make it official or if he already is one because of the US issued birth certificate

 

 

 

 

What passport does your partner possess?

[JV7587 0]

3 hours ago, Hank_ said:

 

What passport does your partner possess?

US Passport

[geowrian 22,335]

4 hours ago, Hank_ said:

 

What passport does your partner possess?

American Samoans are issued US passports that state: " The bearer of this passport is a United States national and not a United States citizen. "

[Hank_ 9,172]

.. hmm ~

[HRQX 4,145]

11 hours ago, Hank_ said:

What passport does your partner possess?

16 hours ago, JV7587 said:

My partner is a US National from American Samoa but lives and works in CA and has done so for 20+ years.

Marry first. Then your partner can file an I-130 to start the Second preference (F2A) process; see Matter of Ah San https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2388.pdf

[Hank_ 9,172]

F2A is about the only option so it appears.  

[JV7587 0]

1 hour ago, Hank_ said:

F2A is about the only option so it appears.  

 

Or could my partner become a citizen through naturalization and then we continue down the K1 path?

 

Due my partner's current living arrangements we were not going to file our petition until the end of next year anyway, so we're not really in a hurry by any means.

[Hank_ 9,172]

Yup, if citizenship is an option, that would change everything.

[geowrian 22,335]

3 hours ago, JV7587 said:

Or could my partner become a citizen through naturalization and then we continue down the K1 path?

 

Due my partner's current living arrangements we were not going to file our petition until the end of next year anyway, so we're not really in a hurry by any means.

Naturalization then a K-1 is an option.

That said, why so intent on the K-1...? It would make much more sense to marry and file for a F2A now. It can be upgraded to a CR-1 if they naturalize later. Both F2B and CR-1 are far superior to a K-1 visa (cheaper, can work right away, can travel right away, green card right away, can drive right away, etc.).

The only practical advantage of the K-1 is being a little faster. If being together ASAP is not an issue, then that advantage is moot.

Edited October 1, 2019 by geowrian

[payxibka 10,044]

24 minutes ago, geowrian said:

Naturalization then a K-1 is an option.

That said, why so intent on the K-1...? It would make much more sense to marry and file for a F2A now. It can be upgraded to a CR-1 if they naturalize later. Both F2B and CR-1 are far superior to a K-1 visa (cheaper, can work right away, can travel right away, green card right away, can drive right away, etc.).

The only practical advantage of the K-1 is being a little faster. If being together ASAP is not an issue, then that advantage is moot.

The only other advantage to a k1 is it allows for immigration of an 18 to 20 year old if the stepparent relationship was created after 18

Edited October 1, 2019 by payxibka