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  • Permanent Resident needs Fiance help

    Hello all,

    First off, thanks for taking the time to read, and hopefully respond, to my questions.

    A short background; I came to the US back in 2000, married a US citizen, got my permanent resident status back in February of 2003.
    My ex wife and I decided to go our separate ways back in 2006, and the divorce was finalized in January of 2007.

    I now have a fiance from/in Australia. We have gotten to spend a lot of time together already, on account of me having spent several months there helping her take care of her 7 year old son, who sadly passed away September of last year.
    In short, we've waited to be together for 2 years already now, and esp. because her son passed away last fall the need to be together is urgent, to say the least.

    In short; What would be the quickest way to get her here?
    I've tried reading around, to see what options there are.
    -I-129F doesn't seem to be an option, since it's only if the sponsor is a US Citizen. (I would like to keep my current citizenship, but if becoming a US Citizen would be the way to go to expedite this I would consider it.)
    -I-130 (Immigrant Visa) seems like an option, but my understanding, from reading these boards is that A) They take a long time. If the sponsor is not a US Citizen the process could take from 3 to 5 years(!). And B) They only work if you get married abroad. (Which is a problem with Australia, since you have to, both people in person, give a 30 day notice about intent to marry before you can do it, and I can't leave work for a long enough period.)
    -I've also read some people who have had their fiance come here to the US under the Visa Waiver Program, then gotten married while the fiance is here, then filed a I-485. Would this be an option, even if I am not a US Citizen?

    Basically, after having gone through the loss of her son together last year, and two years of waiting, we just want to be together. What would be the quickest way to assure that of happening?

    Thank you so much for your help.

  • #2
    Obtaining US citizenship doesn't mean you give up your prior citizenship. If anything, I highly advise keeping up with renewal of your prior passports and national ID cards. You may need them someday.

    If you read my other posts, US is the only country in the world that routinely denies spouse visas to it's permanent residents due to consular officals' personal negativities that since you are applying as a permanent resident, it means your prior marriage didn't last for at least 5 years, which means that you married your American spouse only for a green card. Again, it's not a legal reason for visa denial, but who's watching! In rest of the world it's called "corruption"; in the US, they call it "discretion."

    So, fiancee or spouse, you have little option but to become a US citizen first.
    Last edited by Amir; 04-26-2008, 03:26 PM.

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    • #3
      She can not file i-485, because she would be married to a permanent resident and it would take 4-5 years for a visa number to become available.
      Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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