She's already here in the US and her VISA will expire in January. I just wanna get her permanent here.
2007-09-25 14:32:27 · 5 answers · asked by benison_jerberson 1 in Politics & Government ➔ Immigration
Oh By The Way...Im not US Citizen yet, just permanent resident
2007-09-25 14:33:15 · update #1
Yes you can....please see link below for more info:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0775667706f7d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD
Good Luck!
2007-09-25 14:54:02 · answer #1 · answered by Anonymous · 3⤊ 1⤋
As an LPR (lawful permanent resident), you can file for your spouse using Form I-130, also called Petition for Alien Relative. Here are the instructions:
http://www.uscis.gov/files/form/I-130instr.pdf
And here's the form for you to download:
http://www.uscis.gov/files/form/I-130.pdf
Unfortunately, it will take several years before she can be issued a visa/become legal. She will fall under F2A category (family-sponsored preference, spouse of a permanent resident). Here is the latest visa bulletin from the US Department of State:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html
As you can see from the chart in the above link, there is a 5-year backlog for F2A. Currently, only those with priority date of Nov 15 2002 and earlier are being processed (May 1 2002 if she is a native of Mexico).
It would be a different case if you were a US citizen. Spouses and other immediate relatives of US citizens (minor chldren and parents included) do not have to wait for a visa number bec they are not subject to theimmigrant visa limit.
An option is for her to look for a job that sponsors H1 visa(working visa).
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f56e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
If she is qualified, her employer may even file an Immigrant Petition for her as an alien worker (Form I-140). Here's the link if you want to read about it:
http://www.uscis.gov/files/form/i-140instr.pdf
Another option is for you to file for naturalization/citizenship if you have been here in the US for 5 years. As a US citizen, you will be able to file for her as an immediate relative with no waiting period.
Good luck. I hope you find this helpful.
2007-09-25 19:15:29 · answer #2 · answered by joe b 4 · 2⤊ 2⤋
Only citizens can sponsor someone.
Who is Eligible
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.
You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.
In addition, for citizens...
If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad.
She should consult with an immigration attorney about her options, she may qualify for a different type of visa. Good luck.
2007-09-25 15:39:16 · answer #3 · answered by Anonymous · 0⤊ 4⤋
Yes.
2007-09-25 14:35:55 · answer #4 · answered by bobanalyst 6 · 0⤊ 1⤋
yes......plus she can stay in states while case being reviewed.
2007-09-25 14:36:32 · answer #5 · answered by Kirk Neel 4 · 0⤊ 1⤋