QUESTION
What is the fastest way to bring my girlfriend and daughter to the US?
Asked on Jan 16th, 2011 on Immigration - Florida
More details to this question:
I am currently a green cardholder for 5 years now and I am planning to apply for naturalization here in the US of A. I have a girlfriend and we have a daughter of 6 y/o. They are currently both in the Philippines, my girlfriend and our daughter. My question is, when should I start my application for petitioning them? Is it before or after I become naturalized? Do I have to marry my girlfriend first? If so, is it better for us to get married in a US embassy (if that even makes sense)? Or is the place of marriage not important?
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Definitely pursue your naturalization ASAP. You are eligible to file four years and 9 months from the date on your permanent residency card provided you meet the requirements of physical, presence, state residency, continuous residence, and good moral character.
We would be happy to assist you in this process. Contact me as indicated below to obtain the procedures for this process and a fee quote or to set up a paid consultation (will be credited toward the fees for your case) to get more details on your specific case.
Daughter: You may file an I-130 immediately for your daughter as the child of a PR. Once you are naturalized this will be upgraded to the immediate relative category.
Girl friend: There is no petition you can file for her until you are married although she may be eligible for a nonimmigrant visa of some type. Once you are married either before or after your naturalization you should immediately file an I-130 for her. You can get married in any way that would be legal in the country where you are marrying.; it does not have to be at a U.S. consulate.
Answered on Jan 24th, 2011 at 2:43 PM
You must apply for citizenship and become a US citizen first before you can petition for your girlfriend for a fiance visa. Or, you may marry her in the Philippines and apply for a spouse visa. Applying for citizenship is the most important step right now because it will cut down the waiting time for your girlfriend to less than one year. As a green card holder and petitioning for your wife, the processing time is more than 2 years.
I believe your girlfriend's visa can be done within one year. It starts with your application for citizenship (4 to 5 months) and right after that the fiancee visa (4 to 6 months). The daughter is automatically included under the mother's visa application. If you are interested in starting the process now, please contact my office.
Answered on Jan 17th, 2011 at 11:13 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
If you are not married, you would have to petition her for a fiance visa AFTER you become a U.S. Citizen. If you get married, you can petition her and your daughter while you are LPR and they upgrade the petitions once you become a U.S. Citizen. The US consulate does not marry people. You can get married anywhere in the Philippines. The place of marriage is not important.
Answered on Jan 17th, 2011 at 9:13 AM
You should apply for your naturalization, and as soon as you are a United States citizen petition for them.
Answered on Jan 17th, 2011 at 8:43 AM