i-130 Assitance with what happens after i get to USA

[Sgt.NeXuS]

Hi Guys,

Im in a bit of a confusion, i was hoping i can get some help here on this forum. Perhaps someone has gone through what im going through.


Situation: Applied for i-130, got approved in 2014. Priority Date is SEPT 2011. Filing is now current. I have applied also for my daughter on the same form. I am on F2B Category.

I am unable to get married now, i have a fiance. So my next step was suppose to file some documentation, i am still waiting for the checklist of documents required from the lawyer before submitting to the NCV. To let them know i am ready for the interview, Lawyer said i have about 3 months before the interview.


Now the problem happens after i get stamp in my book and get my permanent resident stamp to travel there with my little one what does my Fiance do?

She has a visa that is valid for a few years (Visitor Visa) Maximum stay of 6 months, after i get my green card if we get married she has to wait for 2 years, but how can she wait for 2 years if the visitor visa / i-94 is only valid for 6 months?


Please can you help i dont know what to do, i dont want her to go in and out the country. I had a look at the F1 Visa, but is there no other way?




Thanks

[newacct]

F2B is unmarried over-21 child of a permanent resident. If your parent is still a permanent resident, you cannot get married before you enter the US; otherwise your petition would die because there is no category for married children of permanent residents. If your parent is now a US citizen (which means you are actually in the F1 category), marrying before immigrating wouldn't kill the petition, but it would put you in the F3 category, which has a few more years of wait. So long story short, if you want to immigrate now, you cannot get married before you immigrate. Your daughter can immigrate with you, but not your fiance.

After you immigrate (i.e. enter the US with your immigrant visa), you can immediately marry, and then petition your new spouse. However, the spouse of a permanent resident is in the F2A category with a wait of around 2 years. There is no particular way for her to enter or stay in the US during this time. She can always try to enter as a visitor, but she may be denied for immigrant intent, especially if they suspect the wait might almost be over and she might file Adjustment of Status during her stay if a visa number becomes available. You could spend time with her in her home country, but you should be careful not to abandon your residence in the US; you may want to get a Re-entry Permit if you need to stay out for a long time.