can my fiancee do a k1 usa visa for me if she is only a permanent usa resident?

Answer 1

Sadly, a K-1 visa requires that the person sponsoring the petition be a US Citizen. See the link below. I wish the USCIS site was more user-friendly. It's almost impossible to find the information you need now.

You might wish to explore other visas. Once you are here as a permanent resident yourself, you are free to marry whoever you like.

Good luck with this. I understand what you are going through. Did it myself five years ago.

Answer 2

No, you must do it yourself. Your fiance can request papers, but it must come from you. You have to put all of your personal information, and your signature on them, all the information be correct, and sent personally by you, or you may be suspected of fraud, by USA.

Answer 3

No, she can not do it. She has to be a citizen in order to file for a K1 visa for you.

If you want to be here in the US with her you can to come here on a different visa, for example, H1B.

You can get married and she can file for you green card before she becomes a citizen, but the waiting time for you to get GC this way would be really long. (Category 2A). Depending on what country yoiu are from it can take 4 to 6 years.



check this website
http://travel.state.gov/visa/frvi/bulletin/bulletin_3086.html

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.


AT THIS MOMENT THEY ARE PROCESSING PETIIONS THAT WERE RECEIVED BEFORE THESE DATES.

Fam-ily All Charge- ability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPP-INES
1st 22APR01 22APR01 22APR01 01JAN94 01DEC91
2A 01MAR02 01MAR02 01MAR02 15JAN00 01MAR02
2B 08MAR97 08MAR97 08MAR97 01MAR92 22AUG96
3rd 08DEC98 08DEC98 08DEC98 01JAN95 08FEB91
4th 01DEC95 22MAY95 22SEP95 22NOV93 01JUN84








K1 Visa (Fiance or Fiancee of U.S. Citizens)

The K1 fiance visa is available to foreign citizens who would like to marry American citizens and reside permanently in the U.S.


I. Benefits of the K1 Fiance Visa

A. The K1 fiance visa generally has a shorter waiting period compared to marriage-based immigration visa petitions

B. You can apply for a work permit by filing Form I-765 and engage in employment

C. Your children can accompany you to the U.S. on the K-2 dependent visa as long as they are named in the fiance visa petition




II. Requirements for the K1 Visa

You are eligible for the K1 fiance visa if:

A. You and your fiance are legally eligible to marry under the laws of your country as well as the laws of the U.S.

B. You will marry the petitioning U.S. citizen within 90 days of entering the U.S.

C. You intend to enter the U.S. solely to marry the U.S. citizen

D. You have met the U.S. citizen within the last two years before filing for the K1 fiance visa. However, this requirement can be waived only if meeting your fiance in person would violate long-established customs, or would create extreme hardship for you




III. Applying for the K1 Visa


A. Filing the K1 Petition

Your U.S. citizen fiance must file the K1 fiance visa petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS) along with the following forms and documents:

1. USCIS Form I-129F, Petition for Alien Fiance (If you have unmarried children who are under 21, they are eligible to accompany you, but only if they are listed on this form)

2. Evidence of U.S. citizenship - Evidence can include original U.S. birth certificate, U.S. passport, Certificate of Naturalization, or Certificate of Citizenship

3. Two Form G-325A Biographic Data Sheets (one for you and one for your fiance)

4. One color photo of you and one of your fiance taken within 30 days of filing

5. Copies of any divorce decrees, death certificates, or annulment decrees if either you or your fiance have been previously married

6. Proof of permission to marry if you or your fiance are subject to any age restrictions



B. Applying for the K1 Visa at an American Consulate

Once the USCIS approves of the petition, it forwards it to the American Consulate where you will be applying for the K1 visa. The petition is valid for a period of four months from the date of USCIS action, and may be revalidated by the consular officer.

The consular officer will notify you when the approved petition is received and provide you the necessary forms and instructions to apply for a K1 visa. You may have to submit the following documents as a part of your K1 fiance visa application at the American Consulate:

1. Valid passport

2. Copy of your birth certificate

3. Copies of any divorce decrees, death certificates, or annulment decrees if either of you have been previously married

4. Police certificate from all places where you have lived since age 16

5. Medical examination

6. Evidence that your fiance will support you

7. Evidence of valid relationship with your fiance

8. Two photographs 1 and 1/2 inches square (37x37mm), showing full face, against a light background