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Immigration Question

M

MajorMullet

Senior member
Hi all, I have a US Immigration question that I'm hoping someone might be able to answer. I am engaged to an Indonesian citizen and I would like for her to become a permanent resident. Is this possible? Or do we have to be married first?

If so, which of the many, many forms would I have to fill out to get this to happen?

If anyone can help I'd greatly appreciate it 😀
 
If you are a US citizen, you can bring he in on a finacee visa and marry here. Then her status can be adjusted to a perm. res.
If you are just a perm. res. yourself, you'll have to wait till eternity
 
yup...as they said.
Well...thats IF you want to marry her.
There is no clause for getting a green card for girlfriends. She would have to file for it completely on her own. that could take up to 10 years.
If you marry her, the process is substantially shortened because u get preference and u sorta file jointly, and takes about 2-3 years or less depends on which area u file from.
 
Originally posted by: paulney
If you are a US citizen, you can bring he in on a finacee visa and marry here. Then her status can be adjusted to a perm. res.
If you are just a perm. res. yourself, you'll have to wait till eternity
Click to expand...

You need to file I-130 first, to get in the immigration line. - 3 years. ($185 fee)
Second you need file for K-3 which is fiance/spouse visa - 3 -6 months ($165 fee)

if she comes here through k-3 you probably need to file a I- 485 to change status to permanent resident. ($385 fee).

I am going through this now for India.
 
Originally posted by: MajorMullet
Hi all, I have a US Immigration question that I'm hoping someone might be able to answer. I am engaged to an Indonesian citizen and I would like for her to become a permanent resident. Is this possible? Or do we have to be married first?

If so, which of the many, many forms would I have to fill out to get this to happen?

If anyone can help I'd greatly appreciate it 😀
Click to expand...

are you a us citizen ?
 
Originally posted by: mzkhadir
Originally posted by: paulney
If you are a US citizen, you can bring he in on a finacee visa and marry here. Then her status can be adjusted to a perm. res.
If you are just a perm. res. yourself, you'll have to wait till eternity
Click to expand...

You need to file I-130 first, to get in the immigration line. - 3 years. ($185 fee)
Second you need file for K-3 which is fiance/spouse visa - 3 -6 months ($165 fee)

if she comes here through k-3 you probably need to file a I- 485 to change status to permanent resident. ($385 fee).

I am going through this now for India.
Click to expand...

Good info here

K1 is fiance Visa, K3 is spouse. I came into the US on a K1.

 
Originally posted by: Antisocial Virge
Originally posted by: mzkhadir
Originally posted by: paulney
If you are a US citizen, you can bring he in on a finacee visa and marry here. Then her status can be adjusted to a perm. res.
If you are just a perm. res. yourself, you'll have to wait till eternity
Click to expand...

You need to file I-130 first, to get in the immigration line. - 3 years. ($185 fee)
Second you need file for K-3 which is fiance/spouse visa - 3 -6 months ($165 fee)

if she comes here through k-3 you probably need to file a I- 485 to change status to permanent resident. ($385 fee).

I am going through this now for India.
Click to expand...

Good info here

K1 is fiance Visa, K3 is spouse. I came into the US on a K1.
Click to expand...

I129F - Petition for alien Fiance. I129F

11. How Do You Use This Form for Your Spouse
or Child Seeking Entry Using a K-3/K-4 visa?

This form may be used to obtain a K-3/K-4 visa for your
alien spouse or child. Fill out the form as directed, except
assume that "fiancé" or "fiancé(e)" means "spouse." In
addition, omit Questions B.18 and B.19 by entering
"N/A." Note that this form is only necessary to facilitate
the entry of your spouse or child as a nonimmigrant.

You must submit the documents required in Questions 3,
4 and 6 of the instructions, but may omit the documents
required in Question 5. In addition, citizens petitioning
for K-3 visas for their alien spouses must also include
evidence that they have filed Form I-130 on behalf of the
alien spouse listed on this form, and a marriage certificate
evidencing the legal marriage between the citizen and
alien.

The LIFE Act requires applicants to apply for a K-3/K-4
visa in the country where their marriage to the U.S. citizen
petitioner took place. Petitioners should make sure to
identify the appropriate consulate, in the same country
where they married the alien for whom they are
petitioning, in block 20 to avoid lengthy delays. In the
event the petitioner and alien were married in the United
States, they should list the country of the alien's current
residence. See U.S. State Department regulations at 21
CFR 41.81.
 
If you're US citizen, its pretty much straight foward. If she's already in US then its much faster to marry her first and then go through the I-130 -> I-485 process. If she's outside the country, then it'll be the I-129 -> I-130 & I-485.
If you're a permanent resident, then you can't sponsor her to become permanent resident unless you're married first. Afterward, follow the I-129 timeline (with considerably longer wait period in the I-485 stage).
 
I'm a US citizen, she's is currently here in the US on a student visa... she's been here since 2000 and we've been dating for 3 years - recently engaged this year. We both graduated from college in December of last year, but it's been really hard for her to find a job because there don't seem to be a lot of companies out there that are willing to sponsor H1 visas.

Since she couldn't find a job, she's going back for her masters degree. I know there are additional H1s available for masters graduates, but I think it'd be much easier if she were a resident and didn't have to worry about sponsorship.

Thanks for all of the information here. Excellent starting place, as I had no idea where to begin 🙂
 
Originally posted by: MajorMullet
I'm a US citizen, she's is currently here in the US on a student visa... she's been here since 2000 and we've been dating for 3 years - recently engaged this year. We both graduated from college in December of last year, but it's been really hard for her to find a job because there don't seem to be a lot of companies out there that are willing to sponsor H1 visas.

Since she couldn't find a job, she's going back for her masters degree. I know there are additional H1s available for masters graduates, but I think it'd be much easier if she were a resident and didn't have to worry about sponsorship.

Thanks for all of the information here. Excellent starting place, as I had no idea where to begin 🙂
Click to expand...


If she is already here on a student visa, I would call the National Service center and check to see if you can just file an I485 to get her to change status.
 
Also forgot to mention that her parents aren't crazy about us getting married yet. Her family is very traditional Chinese, and they want her to finish her masters first before we get married. I hoped that popping the question would speed things along, but no go 🙁

She's ready to get married also, but we think we better keep her parents happy. It's bad enough that their daughter is going to be living half way around the world.
 
Just be prepared for a long haul...I know a couple people that have been trying to gain full citizenship for two years or more. All sorts of legal hoops to jump through.

Nate
 
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