Have a green card and would like to bring fiancée to the US

[andy_p]

Hi,

I am writing this on behalf of a Brazilian friend of mine, and will explain as best I can.

Sarah is currently living in Brazil with her parents. For a while, she was living in the America while her parents were on a religious visa. This has finished, they were asked to leave America, and as a result, they are all now living in Brazil.

While living in America, Sarah met a guy (who is brazilian also), and they eventually got engaged. They would like to get married sometime in August this year.

Her fiance is currently living in America, and has only recently received his green card. I understand he will have this green card for the next few years at least.

Sarah is trying to find a way to be with her fiance in America. They would both like to live together there, and are not wanting to live in Brazil, as this would mean her fiance losing his green card.

I understand from my research that because her fiance is not a US citizen yet, and has just received his green card, it will take a long time before he can bring Sarah to live with him. They do not want to get married and apply for a I-130, only to then be separated for years whilst waiting for a visa number to become available. Does anyone know how long it would likely take for a visa number to become available?

so it looks like the only option would be to wait until he is a citizen, and then try to bring his fiancée to America to live with him, but this will mean waiting at least another few years before this becomes possible.

(This seems really harsh on those holder of green cards, as separation from partners seems highly likely!)

I have looked into the various visas, and I cannot seem to find any visa which would be applicable in their situation, so they could be together now. Sarah was thinking of applying for a student visa, and doing a 4 year course there (she has relationship with a college there who would invite her), but it looks like, as she is engaged to a green card holder, she will likely be refused this visa as she cannot prove her intent to return to Brazil after the course has finished. (which of course is not her intent anyway). Could someone confirm this?

I have also tried to look into the option of a business visa (H-2B) for her. Would she be eligible to apply for one of these, if she were able to find a job there?

I guess there is the possibility of 6 months in Brazil, followed by 6 months in the US, for the next few years, but that is hardly ideal, and also doubtful that Sarah would be able to prove her intent to return to Brazil at the end of each visit, plus, it would prove expensive with all the costs of flights.

Her fiance was also looking into the option of joining the forces in the US, as apparently you could then become a citizen after one year? is this correct?

I would appreciate any advice you can offer,

thanks,
Andy

[anderson24]

Green Card holder cant apply for K-1 visa. But Green card holder can petition for spouse but the processing time to obtain Green Card will take more than 5-6 years.

[europe29]

Hello to all! Great topic to start posting with.

I'm currently looking for the same information - IF I get a green card what will happen with the woman I want to marry to. Will she get green card sooner or not?

I think there should be a faster way, tho.

[Marco 72]

I understand from my research that because her fiance is not a US citizen yet, and has just received his green card, it will take a long time before he can bring Sarah to live with him. They do not want to get married and apply for a I-130, only to then be separated for years whilst waiting for a visa number to become available. Does anyone know how long it would likely take for a visa number to become available?

Hi Andy, there isn't a clear answer to this question. According to the Visa Bulletin for March 2011 (see here), they are currently processing petitions filed in January 2007, which indicates a waiting time of about 4 years. However, this is no guarantee of what will happen in the future: your friend's wait may be shorter or longer.

Your friend doesn't need to disclose the fact that she is in a relationship to a green card holder in order to apply for a student visa. "Immigrant intent" is not the same as wanting to immigrate at some point in the future - otherwise people who apply for the green card lottery wouldn't be able to visit as tourists. The main obstacle with the student route is that studying in the US can be very expensive indeed, especially for foreigners.

A work visa might be a possibility, if she qualifies. H2B is not a business visa, it's a short-term work visa for some unskilled or seasonal jobs (e.g. hotel cleaner, ski instructor) which is difficult to obtain. Have a look here:

http://britishexpats.com/forum/showthread.php?t=585898