My boyfriend is going to be filed for US immigrant visa.what are the ways to help me get there?

Question

Me and my boyfriend are steady for 2 years now.he's currently in the US so he can be filed for an immigrant status under his employer so he has to stay there for 90 days as what his lawyer told him. He is a Philippine citizen. They said that we have to get married so he can get me. But then, we still don't have enough money to have the wedding we really want. He wants to work there for 1 - 2 years more if his visa will be granted. And then he'll go back here and marry me. Can he still get me even if he was filed single? for how long will I have to wait? Can he get me a fiance visa even if he's not US citizen?Im really confused. There are hearsays also that if you are granted with an Immigrant visa you cannot go home to you own country for 3-5 years. Please help me clear all these issues. Im really confused. Thank you

Answer 1

I'd suggest trying to find a way to get a work visa yourself. In one to two years, the most he would be is a permanent resident. Permanent residents cannot petition for a fiance. They can petition for a spouse, but, it would be over 5 years before a visa number will become available. Once he has his greencard, he can go back for brief visits, but, he has to live mostly in the US. Once he has US citizenship, which takes about 5 years and 6 months AFTER getting the green card if he applies as soon as he's eligible, THEN he could apply for you either as a fiance, or could marry you and then apply for the spouse visa. If you get married where you're living now, then he'll have to come back to the US on his own and then file the I-130. You won't have to wait for a visa number as the spouse of a US citizen gets one automatically, but you will have to wait for the processing which varies based on where you are processing from. I want to say it's several years in the philiipines..

I'd say it looks like over 7 years... That's why I suggest applying for diversity lottery or trying to get a work permit yourself.. What would have worked a lot better is if you had already been legally married when he filed. If you would have filed with the two of you already married, you may have been able to get a visa at the same time.. I'd talk to his lawyer to find out what your options are now..

Answer 2

1. if your boyfriend was filed as a single for his green card, then he needs to update his application to include you in it - after you marry, of course.

2. it depends... if you marry while he is on a work visa, it could be in a year or less. if you marry after he's gotten his green card, then you'd have to wait about 5 years before you can come and live with him here.

3. no, there are no fiance visas available for non citizens.

that is not true. if you are granted immigrant status, you are allowed to go out of the country to travel... even back to your own country. i'm filipino with a green card... and i have gone to different countries (as well as the philippines) on vacations. i came back into the US without any problems at all... granted i wasn't away for more than 6 months.

Answer 3

unless you apply for a visa yourself for work or such type you cant come without being married.if he wants to do a k-1 visa which is the fiancee visa you will have to marry within 90 days of the visa issue.if you want to wait to get married in 1-2 years he will have to file k-3 visa for you.

when/if he gets a green card he can apply in the previosly stated ways for you.after he gets his green card he can go to your country as long as he doesnt stay out of the us for more than 6 months and no more than 2 1/2 years in total before he applies for citizenship.to petition for you he will have to prove that your marriage is valid and not for a green card by letters, proof he has visited you, joint bank accounts, anything you own in both names, phone bills where he has called you, stamps on his passport where he has visited you, plane tickets from where he has visited you.it will be a while untill he can petition for you then up to 3 years before you get your green card.take your time with this.dont marry in a rush, you will have a long wait as it is.