I-129 or I-130?

[saidsultonbek@gma 0]

Hello,

I am currently a GC holder in the US that is in the process of neutralization (its showing 10 months left in the USCIS website). I am also getting married next year. Now comes the question of which form do I file if I want to bring over my fiancé from my birth country to the US. As it stands right now, I don't BELIEVE we would be eligible for the K-1 fiancé visa because I am not a citizen yet, so I wanted to ask you guys if I am wrong. Can I file for the K-1 visa and just show that I am in the process of neutralization? Or do I have to go through filing with the I-130 for the K-3 visa? Any advice would be great, thanks.

[HRQX 4,145]

41 minutes ago, saidsultonbek@gma said:

if I want to bring over my fiancé from my birth country to the US.

Where do you plan to marry? If in your birth country then after you marry you'll file Form I-130. I recommend online filing: https://www.uscis.gov/i-130 It's the blue "File Online" button

 

Also, which is your birth country?

Edited November 8, 2021 by HRQX

[Timona 4,207]

Marry, file CR-1 while you wait for N400. Get in the queue early. Probably, within those 8 months of waiting for N400, you'll have got to interview for your spouse. The result will be the same....you get a GC

 

I would not recommend K-1 regardless 

Edited November 8, 2021 by Timona

[mam521 2,103]

Marry, file I-130.  Your spouse will be put into a family preference category.  Once you've received your naturalization certificate, call USCIS and "upgrade" the petition to a CR-1 category.  They will ask for a copy of the naturalization certificate and then will move your spouse into the CR category.  

[SalishSea 17,928]

On 11/7/2021 at 6:38 PM, saidsultonbek@gma said:

Can I file for the K-1 visa and just show that I am in the process of neutralization?

No.  Only USCs can petition for fiances.