Process to petition my non immigrant girlfriend faster? As a greencard holder or working visa process

[ravbanaag 0]

My father applied me a petition which he said I will be a greencard holder if it gets approved. The estimate time would be around 2 to 5 years from now, Is there a way to file my girlfriend or a process which is faster for her to follow me? My father said if I stay in the US for a year I can go back to the Philippines then get married then apply a petition for her but if I am not mistaken it would take 2-7 years am I right? He also advise maybe I can get a working visa then petition her? Is there a process where I can petition my girlfriend or a way to get her follow me asap? 

 

Another Question:

She is thinking that if she gets a chinese citizenship would it be easier to apply for a US visa if we are a chinese citizen?

[Chancy 6,241]

2 hours ago, ravbanaag said:

My father applied me a petition which he said I will be a greencard holder if it gets approved. The estimate time would be around 2 to 5 years from now

 

What is your visa category?  Is your father a US citizen?

 

2 hours ago, ravbanaag said:

Is there a way to file my girlfriend or a process which is faster for her to follow me? My father said if I stay in the US for a year I can go back to the Philippines then get married then apply a petition for her but if I am not mistaken it would take 2-7 years am I right?

 

After you get a visa based on your father's petition, you can enter the US and immediately become a permanent resident.  There will be no need to wait 1 year.  You can immediately (as in same day if you want) go back to the Philippines to marry your girlfriend.  After you get married, you can petition for her.  After the petition is approved, she can apply for an F2A visa.  From petition filing to visa on hand, the F2A process would take around 2 years or so, probably much longer as the backlog is building up due to the current visa issuance ban.

 

2 hours ago, ravbanaag said:

He also advise maybe I can get a working visa then petition her? Is there a process where I can petition my girlfriend or a way to get her follow me asap?

 

As I mentioned in your other thread -- you cannot just get a work visa.  A company MUST sponsor you.  If a company is able to bring you over on a work visa, you may have your wife accompany you as a derivative beneficiary.  Note that to be a derivative, your girlfriend must be married to you.  But I suspect that you getting married would greatly impact your father's petition for you.

 

2 hours ago, ravbanaag said:

She is thinking that if she gets a chinese citizenship would it be easier to apply for a US visa if we are a chinese citizen?

 

Her citizenship would not make much of a difference to her chances of getting a US visa based on marriage to you.

 

[ravbanaag 0]

@Chancy Yes my father is a us citizen.  Okay got it he told me that I will be a permanent residence already if I go there.  I was just thinking if I get approved by the working visa I cannot petition my girlfriend as I need to marry her first is that right? Yes that is why I plan on not getting married until I get there but need to find a way to get my girlfriend on board asap if possible. Thanks

[TBoneTX 45,524]

Thread is moved from Off Topic to the "Bringing Family Members of Permanent Residents" forum.

[aaron2020 11,651]

The fastest way for you to bring her to the US is this way.

 

1.  Come to the US with your immigration visa.  You will activate your green card status by entering the US.

2.  Then return to the Philippines the next day and get marry.  You do not have to stay in the US for a year.  You only need to enter the US and pass through immigration to activate your green card status.  

3.  As a green card holder, you can file for your spouse.  It takes about 2 years.

DO NOT GET MARRY BEFORE YOU ENTER THE US WITH YOUR IMMIGRATION VISA.  YOU MUST BE SINGLE WHEN YOU ENTER THE US.

 

Getting Chinese citizenship will not speed up the process.

Your father is wrong on so many things.  You do not need to stay in the US for a year before going back to marry her.  Don't listen to him.  

A working visa is a non immigrant visa.  If you could get one, your girlfriend would need to be your wife in order to come with you.  Both of you would need to return home since work visas are non immigrant visas.  Being marry also means the petition your father filed would go from F1 to F3 which means another 10 years of waiting for immigrant visas.  Do not listen to your father.  

Edited January 11, 2021 by aaron2020

[aaron2020 11,651]

Your US citizen father has made many mistakes.  He's a USC which means he has been in the US for at least 5 years.  Yet he only filed for you in 2018.  He could have filed for you the day he became a.green card holder.  As an F1 from the Philippines, you are looking at another 6 years of waiting for an immigration visa since the current PD in that category is Jan 1, 2012.  Your father is too optimistic if he told you 2 -5 years.  It's more like 6 years.  

 

[ravbanaag 0]

@aaron2020 yes he admitted that he made a lot of mistake regarding this. 

[ravbanaag 0]

@aaron2020 , my father and I talked yesterday, and based on what he said that he's boss which will get my working visa will likely get approved even though its a 50/50 situation but it will only depend on the number of visas as well. Now taking up on what he said you stated the fasted way right? Will it be still the fasted way if I ever get approved on my working visa? He also told me that if I get approved then I need to save money then marry her then petition her. Petitioning a spouse even if you have a working visa only would take roughly about how many years?

[SusieQQQ 11,586]

1 hour ago, ravbanaag said:

@aaron2020 , my father and I talked yesterday, and based on what he said that he's boss which will get my working visa will likely get approved even though its a 50/50 situation but it will only depend on the number of visas as well. Now taking up on what he said you stated the fasted way right? Will it be still the fasted way if I ever get approved on my working visa? He also told me that if I get approved then I need to save money then marry her then petition her. Petitioning a spouse even if you have a working visa only would take roughly about how many years?

Slow down. A work visa does not entitle you to a green card. If you come in on a work visa, H1, a spouse can immediately get derivative H4 status and come live with you. BUT. A BIG BUT. You getting married before you get your green card will shift your category to F3 and probably take another two decades to get your green card. And you cannot stay indefinitely on a H1 visa in the US, it has a 6 year maximum. There are some workarounds, but probably not what will you get to the 25 or so year wait for married child of USC green card from Philippines. Basically you need to choose between how quickly you want your green card and how quickly you want to live with your spouse to be.

Edited January 12, 2021 by SusieQQQ

[aaron2020 11,651]

4 hours ago, ravbanaag said:

@aaron2020 , my father and I talked yesterday, and based on what he said that he's boss which will get my working visa will likely get approved even though its a 50/50 situation but it will only depend on the number of visas as well. Now taking up on what he said you stated the fasted way right? Will it be still the fasted way if I ever get approved on my working visa? He also told me that if I get approved then I need to save money then marry her then petition her. Petitioning a spouse even if you have a working visa only would take roughly about how many years?

Do you have a college degree?  What major?  What type of work is the US employer offering?  Has your father's boss ever filed for a foreign worker?  Where is he pulling the 50/50 chances from?  

 

If you get a work visa, it will be a non-immigrant visa.  If you marry, she can come to the US with you as a dependent on your work visa but she will not be able to work.  Furthermore, it means the petition your father filed for you will move from the F1 category to the F3 category where your wait will go from 6 years to 16 years for an immigration visa.  THIS IS A BAD IDEA.

The quickest way is the way I have already shown you.  A non-immigrant work visa is not going to make it quicker for you and your girl to be green card holders.  

 

 

[ravbanaag 0]

@SusieQQQ I am really having a hard time as I was 50/50 of going to the US but the work I have here in the Philippines would take me a lot of years for me to produce the salary that I want. So recently I started thinking really hard whether I should pursue going to the US or stay here.But I need my girlfriend to follow me the fastest way if its possible as one of the reason that I will go there is also for my girlfriend.

[ravbanaag 0]

4 hours ago, aaron2020 said:

Do you have a college degree?  What major?  What type of work is the US employer offering?  Has your father's boss ever filed for a foreign worker?  Where is he pulling the 50/50 chances from?  

 

If you get a work visa, it will be a non-immigrant visa.  If you marry, she can come to the US with you as a dependent on your work visa but she will not be able to work.  Furthermore, it means the petition your father filed for you will move from the F1 category to the F3 category where your wait will go from 6 years to 16 years for an immigration visa.  THIS IS A BAD IDEA.

The quickest way is the way I have already shown you.  A non-immigrant work visa is not going to make it quicker for you and your girl to be green card holders.  

 

 

I have a college degree , major in BSIT. I have 3 years of experience as of now. The work that the employer is offering is a field engineer. My father said even though I have no experience in that field it would be okay as he knows the boss. Yes  actually that is where he is basing his opinion as there are a lot of filipino that he knows that his boss files which almost gets approved. 

 

I am really confused on what to do as I really did not plan on taking my fathers offer, but I thought really hard as the way that he is happening on my life , I might not be able to achieve what I want until I get a lot of experience in my job. It is also hard as my girlfriend is a chinese which I need to prepare so I can properly talked about the future of their daughter. For me as well I really want her to come with me as soon as possible.

[SusieQQQ 11,586]

8 minutes ago, ravbanaag said:

@SusieQQQ I am really having a hard time as I was 50/50 of going to the US but the work I have here in the Philippines would take me a lot of years for me to produce the salary that I want. So recently I started thinking really hard whether I should pursue going to the US or stay here.But I need my girlfriend to follow me the fastest way if its possible as one of the reason that I will go there is also for my girlfriend.

Sorry, US immigration does not work to help you achieve that. As I said before you need to make the choice whether to wait longer for a green card/be with your girlfriend or the other way round.

[Boiler 45,664]

Trying to think through which work visa is being proposed, have you spoken with the Lawyer handling this.  Many of your questions depend on which visa is involved.

[ravbanaag 0]

36 minutes ago, Boiler said:

Trying to think through which work visa is being proposed, have you spoken with the Lawyer handling this.  Many of your questions depend on which visa is involved.

H1B for the work visa

1 hour ago, SusieQQQ said:

Sorry, US immigration does not work to help you achieve that. As I said before you need to make the choice whether to wait longer for a green card/be with your girlfriend or the other way round.

I guess I will think about it on what's best. Thanks