More details to this question:
I am getting engaged next month to a Green Card Holder, most probably we might get married too, Can you please advise me if I would be qualified to get a Fiance/Spouse Visa in both Cases. Looking forward to your help and suggestions.
8 ANSWERS
No, only a US citizen can petition for a fiance. A green card holder can only petition for a spouse and that process is currently taking about 2-3 years.
Answered on Jan 11th, 2013 at 12:52 AM
Immigration Attorney serving Alexandria, VA
Partner at
Law Offices of Linda G. Dapaah, PC
Because your prospective spouse is not a US citizen, he may not file a fiance visa on your behalf. He may, however, file for you as his spouse once you are married.
Answered on Jan 09th, 2013 at 8:17 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Fiance visas are only for intending spouses of U.S. citizens, not intending spouses of permanent residents. If you do get married though to the permanent resident the PR can file the first stage petition for you to get a place in line. If you are in the U.S. you would need to maintain your non immigrant status while waiting for your Priority Date to be current. If the PR does become a citizen then your case can immediately be upgraded to an immediate relative case.
Answered on Jan 05th, 2013 at 9:18 PM
Insurance Law Attorney serving Gainesville, FL
at
Steven Kalishman, P.A. Law Offices
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If you are already in the U.S., you do not need a fiance visa.
Answered on Jan 05th, 2013 at 9:18 PM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
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Fiance visas are only for US citizens petitioning his or her fiance (not green card holders) but spousal petitions are for both. However, it takes 2 to 3 years to get the visa if you are only married to a green card holder and about 6 months if you are married to a US citizen.
Answered on Jan 05th, 2013 at 9:17 PM
Immigration Attorney serving Las Vegas, NV
at
Law Office of Arsen V. Baziyants
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More information is required to answer your question. I suggest you schedule a consultation (free).
Answered on Jan 05th, 2013 at 9:16 PM
Robert E. West
Once married, a spouse visa works. A fiance via is only for fiance's of U.S. Citizens.
Answered on Jan 05th, 2013 at 9:15 PM
Adebola O. Asekun
Sorry, only US citizens can file fiance visas, not green card holders.
Answered on Jan 05th, 2013 at 9:13 PM