QUESTION
I'm an asylee in the US, is my Chinese girlfriend eligible to petition for a K-1 fiancee to join me in the USA?
Asked on Jun 11th, 2015 on Immigration - Maryland
More details to this question:
I came to the US less than a year ago and my asylum application got approved. However, my Chinese girlfriend is still in China. I intend for her to come to the US so we can get marry and live here. I don't yet have a green card. Can we still apply for a K-1 fiancee visa? if Yes what's the procedure so to ensure it will be successful on a first attempt. I'm not Chinese by the way. Thank you.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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You will not be able to apply for her under a K-1 visa. That is relegated to the fianceés of U. S. citizens. Unless she has some legitimate way to enter and stay in this country, you may consider traveling to China or some other country to marry her and petition for her once you obtain the green card. The waiting time is approximately 2 years under that category at present. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jul 10th, 2015 at 1:36 PM