Boringwaiting Posted March 30, 2015 Report Share Posted March 30, 2015 My son will have immigrate interview soon (F2B) I wonder if he can bring his fiance as accompany to US. Link to comment
Randy W Posted March 30, 2015 Report Share Posted March 30, 2015 My son will have immigrate interview soon(F2B) I wonder if he can bring his fiance as accompany to US. She will need to apply for a visa. Once he has his green card, he can file an I-129F petition to allow her to do so. Link to comment
newacct Posted March 31, 2015 Report Share Posted March 31, 2015 My son will have immigrate interview soon(F2B) I wonder if he can bring his fiance as accompany to US. She will need to apply for a visa. Once he has his green card, he can file an I-129F petition to allow her to do so. Permanent residents cannot petition for fiance. Only citizens can. 2 Link to comment
dnoblett Posted March 31, 2015 Report Share Posted March 31, 2015 Exactly, A greencard holder cannot file an I-129F for a fiancee. A green card holder can file an I-130 for a spouse. A few issues. If F2B marries before coming to the USA this would change visa class and down the road can come back to bite as misrepresentation.If F2B first comes to USA gets green-card and then returns to China marries he can then file an I-130 for spouse however there will be a long wait for the spouse visa to process (Spouse of Green Card holder)An example of what I mean by misrepresentation coming back to haunt: http://candleforlove.com/forums/topic/45610-can-my-son-get-married/?p=599433 Link to comment
Randy W Posted March 31, 2015 Report Share Posted March 31, 2015 My son will have immigrate interview soon(F2B) I wonder if he can bring his fiance as accompany to US. She will need to apply for a visa. Once he has his green card, he can file an I-129F petition to allow her to do so. Permanent residents cannot petition for fiance. Only citizens can. Yes - I stand corrected Link to comment
Boringwaiting Posted March 31, 2015 Author Report Share Posted March 31, 2015 what's the difference between green card holder and citizen to file 1-130 for a spouse? Link to comment
dnoblett Posted March 31, 2015 Report Share Posted March 31, 2015 what's the difference between green card holder and citizen to file 1-130 for a spouse?Available visa numbers, the number are not limited if US Citizen, however there is a yearly limit of spouse visas for greencard holders. A spouse of US Citizen would get a visa typically in less than a year, however it can take several years to get a visa for a spouse of an LPR. Link to comment
dnoblett Posted March 31, 2015 Report Share Posted March 31, 2015 A few years ago I helped a couple with a petition filing, one was a green-card holder who was just about to become a US Citizen, the other was here attending college on a student visa, as soon as the one became a citizen they married and filed the petition and application to get her a green-card. To get an idea of processing time at NVC for a spouse of green-card holder.. http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html(Spouse of GC holder is (F2A) priority, which as of this month NVC is assigning numbers to petitions filed June 2013, so about 21 months) This is based on the date the petition is filed with USCIS. Link to comment
Boringwaiting Posted March 31, 2015 Author Report Share Posted March 31, 2015 How about the husband is green card holder, the wife has student visa , can he file 1-130 for her ? Link to comment
dnoblett Posted March 31, 2015 Report Share Posted March 31, 2015 How about the husband is green card holder, the wife has student visa , can he file 1-130 for her ?Technically yes can file the I-130 while spouse is in attendance on a student visa and once NVC notifies a visa number is assigned they can then file an I-485 to adjust status. Again as I inducated earlier do not marry before getting greencard, it needs to be after getting the greencard to avoid any complications. Your son's visa is for an unmarried person. Link to comment
Boringwaiting Posted March 31, 2015 Author Report Share Posted March 31, 2015 Got it , thank you. Link to comment
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