US Permanent Resident (Non Citizen) trying to get Fiance Visa!

[Timo 0]

Hello everyone. I am a US resident (have been for 25 years - since I was 8 years old - Army brat) but I German passport holder. I would like to take my Thai girlfriend/fiance to the US with me. I have found lots of info how to go about this as a US citizen but nothing for Permanent Residents. Am I better off marrying her in Thailand and then trying to bring her to the US or should I wait and marry her in the US? Any advice anyone can give me would be greatly appreciated.

[YuAndDan 153]

ONLY US CITIZENS CAN FILE I-129F for (K-Visas)

I-129F instructions page 1:

1. Who May File?

You may file this petition if:

A. You are a U.S. citizen, and

http://www.uscis.gov/files/form/I-129F.pdf

Only type available to LPR:

LIMITED FAMILY-BASED

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

http://travel.state.gov/visa/immigrants/ty...types_1306.html

A good reason to first file N-400 and get naturalized.

Edited July 25, 2007 by YuAndDan

[john_and_marlene 162]

As a resident, it will take several years to get her here after you are married. It would be much quicker for you to get citizenship and petition for her to come in a non-quota category.

[Lona.C. 16]

would he be able to take a diferant rout , like if his fiance comes to the states on tourist visa they get married then file AOS and I 130 ? can he maybe do that ? ( am a LPR in canada probly diferant rules then the states but I know I could have taken that route if my fiance was goin to move here , but am moving to be with him so we went K1 route )

[john_and_marlene 162]

would he be able to take a diferant rout , like if his fiance comes to the states on tourist visa they get married then file AOS and I 130 ? can he maybe do that ? ( am a LPR in canada probly diferant rules then the states but I know I could have taken that route if my fiance was goin to move here , but am moving to be with him so we went K1 route )

No. It would still take several years for the priority date to become current. She can't stay here with him while they wait. While it has been ruled that an overstay cannot cause a denial for AOS if married to a USC, no such ruling has been made regarding marriage to an LPR.

[Lona.C. 16]

would he be able to take a diferant rout , like if his fiance comes to the states on tourist visa they get married then file AOS and I 130 ? can he maybe do that ? ( am a LPR in canada probly diferant rules then the states but I know I could have taken that route if my fiance was goin to move here , but am moving to be with him so we went K1 route )

No. It would still take several years for the priority date to become current. She can't stay here with him while they wait. While it has been ruled that an overstay cannot cause a denial for AOS if married to a USC, no such ruling has been made regarding marriage to an LPR.

wow yeah hes better of goin for citizenship first , this site is so cool learn so much here ,

[Dan J 277]

Hello everyone. I am a US resident (have been for 25 years - since I was 8 years old - Army brat) but I German passport holder. I would like to take my Thai girlfriend/fiance to the US with me. I have found lots of info how to go about this as a US citizen but nothing for Permanent Residents. Am I better off marrying her in Thailand and then trying to bring her to the US or should I wait and marry her in the US? Any advice anyone can give me would be greatly appreciated.

If you have been here 25 years, you definetly do quality for US citizenship. US citizens get first priority when it comes to petitioning for someone in immigration, and you will have access to visas that you would not as an LPR. The shortest route will start with you going through naturalization. You may or may not be able to keep your German citizenship. While the US allows for dual citizenship, other countries may not.

[Gaby&Talbert 1]

Isn't there another type of non imigrant visa for family membrs available to LPR's or is it for work visa holders?

Edited July 25, 2007 by Gaby&Talbert

[chris4gretchen 1]

and thats "IF" he can get a tourist visa for his thia fiance. my understanding is philippines, thailand, malaysa, Indonesia, china, etc have almost nil chance to come to the USA on a tourist visa. I could be wrong but id be very surprised if she got a tourist visa. and then she'd be overstaying the visa waiting for the K1 to process and if they married in the usa while she was there its visa fraud also. Too many bad things to go wrong there.

his best bet is to get his US citizenship and then petition her.

Chris

[john_and_marlene 162]

If you have been here 25 years, you definetly do quality for US citizenship.

There are requirements in addition to time to qualify for US citizenship. While he may qualify, it's not a given purely based on total time of residency.