QUESTION
I am a green card holder, can I petition my future husband?
Asked on Dec 30th, 2012 on Immigration - Nevada
More details to this question:
I just arrived here in the US last May 26, 2012. I am currently a green card holder and planning to go back to the Philippines and get married. I would like to petition him. Is it possible that I petition him and then while waiting, he can still look for an employment-based visa because he is also a physical therapist like me.
8 ANSWERS
You cannot petition for him as your fianc? if you are only a permanent resident. Only US citizens are able to petition for fianc?. You can get married, however, and petition for him as your spouse. Employment-based process for a physical therapist will be significantly faster than a family-based petition for a citizen of Philippines, however. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jan 11th, 2013 at 12:43 AM
Bruce A. Coane
Yes, of course.
Answered on Jan 09th, 2013 at 7:55 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Although you can petition him, once you are married, it could take a long time before he is able to join you. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Jan 04th, 2013 at 7:22 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If he can get H1 visa yes he can apply for visa while waiting for your immigrant visa petition.
Answered on Jan 04th, 2013 at 7:22 PM
Robert E. West
Contact an attorney.
Answered on Jan 04th, 2013 at 7:21 PM
You can file for him but he cannot come to the US until the priority date is current.
Answered on Jan 04th, 2013 at 7:21 PM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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Invite him to the US on a fiance visa, which will allow him to start working immediately.
Answered on Jan 04th, 2013 at 7:20 PM
Immigration Attorney serving Las Vegas, NV
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Law Office of Arsen V. Baziyants
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You can petition for your spouse as a permanent resident (and to get an idea of how long of a wait that'll be, see the visa bulletin published by the Department of State every month). Yes, you can pursue an employment based nonimmigrant visa, such as H-1B, which allows for dual (both immigrant and nonimmigrant) intent.
Answered on Jan 04th, 2013 at 7:20 PM