Can a separated Permanent Resident file Fiance Visa?

Jul 14th 2006, 11:26 pm

Guest

Posts: n/a

Can a separated Permanent Resident file Fiance Visa?

Hello,

Can a separated (not divorced) Permanent Resident file a Fiance visa for a
person in a different country? I appreciate your time, and look forward to
your guidance and suggestions.

Regards,
SG

Jul 15th 2006, 12:19 am

Rete

Concierge

Joined: Apr 2001

Posts: 46,390

Re: Can a separated Permanent Resident file Fiance Visa?

Get real. What do you think?

If you are separated, which means you are still legally married, you do not qualify to file an I-129F for the start of the Fiancee Visa.

In fact, you don't have the legal right to be a fiancee.

Quote:

Originally Posted by Sg

Jul 15th 2006, 1:26 am

Voltes34

Guest

Posts: n/a

Re: Can a separated Permanent Resident file Fiance Visa?

"SG" <[email protected]> wrote in message
news:[email protected] io.net...
    | Hello,
    |
    | Can a separated (not divorced) Permanent Resident file a Fiance visa for a
    | person in a different country? I appreciate your time, and look forward
to
    | your guidance and suggestions.
    |
    | Regards,
    | SG
    |
    |

Even if you were single you are not eligible to file a petition for a
"Fianc� Visa".
Only unmarried U.S. CITIZENS capable of contracting marriage have that
privilege!

Jul 15th 2006, 5:27 am

hcj1440

BE Enthusiast

Joined: Jan 2004

Location: SFO

Posts: 871

Re: Can a separated Permanent Resident file Fiance Visa?

Not only can you not file for a fiance visa (since you are not a USC) -- even after you get divorced and re-married, you will still have to wait for some years before you can bring your new spouse to the US, as spouses of LPRs are subject to a yearly quota and will have to wait for their priority date to become current.

Only when you become a USC would your spouse be eligible to adjust status (almost) immediately.