San Jose, CA asked in Immigration Law for California

Q: I’m a green card holder and I have a Fiance living in Colombian can I get her a Fiance vida before we get marry ?

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3 Lawyer Answers
Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: As a U.S. resident you are not eligible to file the FORM I-129F to request the K-1 visa on behalf of your fiancée. You must first become a U.S. citizen to file such petition.

If you marry your fiancée in Colombia you can file the FORM I-130 (relative petition) with USCIS to begin the process that can result in the issuance of an immigrant visa at the U.S. consulate.

Good luck to you.

Mario Musil
Mario Musil
Answered
  • Immigration Law Lawyer
  • Portland, OR

A: You would have to file for your citizenship first.

You can file for your spouse as a green card holder.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: No. Only US citizens can sponsor their fiancé for a k visa. Marry her overseas and have her process at the US consulate for her green card. Consider working with an attorney to represent you throughout the lifetime of the case. It’s a year long process with a lot of twists and turns. Good luck.

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