Legal Question in Immigration Law in Maryland
Trying to get a fianc� visa. Please advise.
Hi, I am trying to find out if it is possible to obtain a fianc� visa if you are a green card holder here in the United States. I am from the Philippines and have been here in America for 1.5 years. I have held my green card the whole time. My fianc� is back in the Philippines and I miss her greatly and want her to come here so we can be married. I am looking for any advice you can provide and want to know what I can do. can you please advise me. any assistance or ideas would be greatly appreciated.
1 Answer from Attorneys
Re: Trying to get a fianc� visa. Please advise.
Unfortunately, permanent residents (green card holders) cannot petition for fiances or file for K-1 fiance visas like a US citizen can.
Permanent residents can petition for their spouses, so if you were actually married already, you could file what's called a "family preference category 2A" petition. Unfortunately, the wait times for such visas are over 4 years.
You will be eligible to file for US citizenship in about 3.5 years (you must hold your green card for 5 years in most cases before you can file). Naturalization is taking close to a year to complete these days. Then, once you are a US citizen, you could file for a K-1 fiance visa. These are currently taking about 6 months to process.
So your choices are to marry her now and file for a 2A petition, which will take about 4 years (though that wait is likely to grow longer). Or, you can wait and file for naturalization, and then file for a K-1 (if you're not married yet) or a K-3 (if you did get married at some time in between). This route will take roughly 5 years.
It's kind of a toss-up as to which will actually complete faster. Although the 2A route sounds faster today, some of the family preference categories slow down over time.
Good luck!
Related Questions & Answers
-
Looking for a attorney for my GC hi am on h1b visa in US....I had my GC application... Asked 10/26/08, 10:54 pm in United States Maryland Immigration Law
-
Immagration my husben and have been married for a month and now he says because i do... Asked 10/24/08, 11:45 am in United States Maryland Immigration Law
-
Looking for a attornye for my green card hi i have the Green Card filed with my... Asked 10/14/08, 10:53 pm in United States Maryland Immigration Law