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How can I bring her to the U.S.?

How can I bring her to the U.S.?

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Old Feb 26th 2004, 12:22 pm
  #1  
Ron In Houston Tx
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Default How can I bring her to the U.S.?

I'm a U.S. legal resident (not a citizen) and engaged to a foreigner.
How can I bring her to the U.S.?

I read a great article about my question but it just refers to engaged
American citizens so I don't know if it applies to me, it's at:
http://immigration-law.freeadvice.co..._foreigner.htm

How long does it usually takes to bring your fiance here? FYI: I'm in
Texas and she is in Spain..

Thanks in Advance!

Ron
 
Old Feb 26th 2004, 1:26 pm
  #2  
Gaylord
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Default Re: How can I bring her to the U.S.?

Hi Ron

You do need to file for a K1 visa, it takes roughly speaking 6 to 9 months.

Hth
 
Old Feb 26th 2004, 2:14 pm
  #3  
Andy Platt
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Default Re: How can I bring her to the U.S.?

No! This is not available for spouses of permanent residents!!!

Andy.

--
I'm not really here, it's just your warped imagination
"Gaylord" <[email protected]> wrote in message
news:[email protected]...
    > Hi Ron
    > You do need to file for a K1 visa, it takes roughly speaking 6 to 9
months.
    > Hth
 
Old Feb 26th 2004, 2:21 pm
  #4  
Andy Platt
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Default Re: How can I bring her to the U.S.?

"Ron in Houston TX" <[email protected]> wrote in message
news:[email protected]...
    > I'm a U.S. legal resident (not a citizen) and engaged to a foreigner.
    > How can I bring her to the U.S.?

Be prepared for a long wait. A permanent resident can file for their
*spouse* (so you'll need to get married before you can start anything).
They then file an I-130 with the service center. There is a limit to the
number of visas that can be given each year to spouses of permanent
residents which means you get assigned a petition date (PD) and go on a
waiting list. When the PD is "current" (e.g. everyone else in front of you
has got their visa) your spouse will be eligible for one.

Here's the bad news: That waiting list is currently about six years long.

What can you do? Here are a few ideas:

a) Naturalize as soon as you are eligible. Spouses of US citizens are not
subject to the cap. If you are already eligible you might want to hold off
on paperwork for your spouse until you are a citizen. I-130s submitted for a
spouse of a permanent resident are processed very slowly since even if they
are approved they can't be used until the PD is current; you can get the
service center to start acting on it once you become a citizen but often
getting them to do that is slower than submitting it in the first place!

b) See if there's a way she could come here on her own merit. Unfortunately
being the spouse of a permanent resident can make this harder. For instance,
it could be very difficult for her to qualify for a student visa if she
wanted to study here because they will assume she wants to be here with you
and stay permanently (which is the truth). So it really comes down to
whether she's qualified for a job for which she could get an H-1B or L-1
visa.

Andy.

--
I'm not really here, it's just your warped imagination
 
Old Feb 26th 2004, 3:22 pm
  #5  
Gaylord
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Default Re: How can I bring her to the U.S.?

re-read the question.. im wrong.
 
Old Feb 26th 2004, 4:45 pm
  #6  
Danny Davis
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Default Re: How can I bring her to the U.S.?

Ron,

What kind of skills does she have? Andy is right. If there is some other
visa she can get on her own it would be much simpler.

Is she a citizen of Spain? Also important to know for sure where she would
have to apply.

Good luck,
Dan
"Ron in Houston TX" <[email protected]> wrote in message
news:[email protected]...
    > I'm a U.S. legal resident (not a citizen) and engaged to a foreigner.
    > How can I bring her to the U.S.?
    > I read a great article about my question but it just refers to engaged
    > American citizens so I don't know if it applies to me, it's at:
    > http://immigration-law.freeadvice.co..._foreigner.htm
    > How long does it usually takes to bring your fiance here? FYI: I'm in
    > Texas and she is in Spain..
    > Thanks in Advance!
    > Ron
 
Old Feb 27th 2004, 12:42 am
  #7  
Ron In Houston Tx
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Default Re: How can I bring her to the U.S.?

Thanks a MILLION Andy!! I have a Ukranian friend who came to the US
with a student visa....a few weeks later she met this guy, fell in
love instantly and got married in Las Vegas. She didn't have any
problems so I wonder if my fiance could do something similar...

Do they allow tourists to get married in the US??

Ron
 
Old Feb 27th 2004, 12:53 am
  #8  
Mtravelkay
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Default Re: How can I bring her to the U.S.?

Ron in Houston TX wrote:

    > Thanks a MILLION Andy!! I have a Ukranian friend who came to the US
    > with a student visa....a few weeks later she met this guy, fell in
    > love instantly and got married in Las Vegas. She didn't have any
    > problems so I wonder if my fiance could do something similar...
    >
    > Do they allow tourists to get married in the US??
    >

Tourist can get married, however it is illegal to enter the US on a
tourist visa with the intent on immigrating. In your friend's case, she
entered as a tourist, then met someone. In your case, your are already
calling her your fiance. Additionally, when your fiance applies for the
B-2, she will inform the consulate that she has a fiance living in the
US. That will probably make it more difficult to get the visa,
especially if from an FSU country.
 
Old Feb 27th 2004, 2:04 am
  #9  
L D Jones
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Default Re: How can I bring her to the U.S.?

Ron in Houston TX wrote:
    >
    > Thanks a MILLION Andy!! I have a Ukranian friend who came to the US
    > with a student visa....a few weeks later she met this guy, fell in
    > love instantly and got married in Las Vegas. She didn't have any
    > problems so I wonder if my fiance could do something similar...

Was the friend's spouse a US citizen? AFAIK you will still be presented
with the same problem as described earlier

    > Do they allow tourists to get married in the US??

Yes, but staying legally is another matter
 
Old Feb 27th 2004, 5:17 am
  #10  
Ron In Houston Tx
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Default Re: How can I bring her to the U.S.?

Yes, my friend's spouse is American citizen....
 
Old Feb 27th 2004, 5:24 am
  #11  
Mtravelkay
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Default Re: How can I bring her to the U.S.?

Ron in Houston TX wrote:

    > Yes, my friend's spouse is American citizen....

There is probably at least a 5 year difference between the time it takes
the spouse of a US citizen to ajdust compared with the spouse of a
permanent resident. Additionally, even if she visited the US as a
tourist, and met and married a permanent resident, she wouldn't be able
to adjust status and remain. This would require marriage to a citizen.
Marriage to a green card holder means she has to wait outside of the US
for an immigrant visa.
 
Old Feb 27th 2004, 8:55 am
  #12  
Julien Chaupitre
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Default Re: How can I bring her to the U.S.?

What is your nationality? Are you on greencard? I heard, but please double
check, that someone on greencard cannot marry someone from the same
nationality without losing his/her greencard...

"Ron in Houston TX" <[email protected]> wrote in message
news:[email protected]...
    > I'm a U.S. legal resident (not a citizen) and engaged to a foreigner.
    > How can I bring her to the U.S.?
    > I read a great article about my question but it just refers to engaged
    > American citizens so I don't know if it applies to me, it's at:
    > http://immigration-law.freeadvice.co..._foreigner.htm
    > How long does it usually takes to bring your fiance here? FYI: I'm in
    > Texas and she is in Spain..
    > Thanks in Advance!
    > Ron
 
Old Feb 27th 2004, 3:29 pm
  #13  
Joachim Feise
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Posts: n/a
Default Re: How can I bring her to the U.S.?

Julien Chaupitre said on 2/27/2004 1:55:

    > What is your nationality? Are you on greencard? I heard, but please double
    > check, that someone on greencard cannot marry someone from the same
    > nationality without losing his/her greencard...

No, that's definitely not true.

-Joe
 
Old Feb 27th 2004, 4:39 pm
  #14  
Julien Chaupitre
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Default Re: How can I bring her to the U.S.?

Ok... again one of those fantasy that you hear around then... thanks, Joe
for correcting me ...

"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > Julien Chaupitre said on 2/27/2004 1:55:
    > > What is your nationality? Are you on greencard? I heard, but please
double
    > > check, that someone on greencard cannot marry someone from the same
    > > nationality without losing his/her greencard...
    > No, that's definitely not true.
    > -Joe
 
Old Feb 28th 2004, 3:52 pm
  #15  
Ingo Pakleppa - See Web Site For Email
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Default Re: How can I bring her to the U.S.?

No, that's not true. You may have heard it from me, actually, you wouldn't
be the first to misunderstand what I was trying to say (note to self: work
on communication skills).

You can marry anybody you want - but you cannot bring a non-US spouse to
the US for many years if you are a Green Card holder. The effect is very
similar to what you are stating. If you are, say, Japanese with a Green
Card, and your spouse is Spanish residing in Spain, then you have four
options:

- sponsor your spouse, and then have your spouse wait in Spain until you
are a US citizen. In most cases, your spouse will not even be able to
visit the USA while waiting.

- sponsor your spouse, then wait approximately six years. In most cases,
your spouse will not even be able to visit the USA while waiting.

- move to Spain to see your spouse regularly. This is what will cost you
your Green Card, though.

- resign yourself to your fate and separate from your spouse.

On Fri, 27 Feb 2004 09:55:17 +0000, Julien Chaupitre wrote:

    > What is your nationality? Are you on greencard? I heard, but please
    > double check, that someone on greencard cannot marry someone from the
    > same nationality without losing his/her greencard...
    >
    > "Ron in Houston TX" <[email protected]> wrote in message
    > news:[email protected]...
    >> I'm a U.S. legal resident (not a citizen) and engaged to a foreigner.
    >> How can I bring her to the U.S.?
    >> I read a great article about my question but it just refers to engaged
    >> American citizens so I don't know if it applies to me, it's at:
    >> http://immigration-law.freeadvice.co..._foreigner.htm
    >> How long does it usually takes to bring your fiance here? FYI: I'm in
    >> Texas and she is in Spain..
    >> Thanks in Advance!
    >> Ron

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