What are the steps for a green card holder to petition a fiance? 5 Answers as of February 11, 2011

I migrated to the US last January 21, 2011. I received my green card and Social Security Number 2 weeks after. I'm on my third week of stay and I plan to go back to the Philippines to marry my fiance so that I can petition her ASAP. Here are my concerns: Can I already go home and marry my fiance? Is there no minimum amount of stay or tenure in the US before I can or should do that? Should I contact US immigration services before, during or after my wedding if ever? eg. change of marital status. Can I immediately petition my wife given we have all the necessary documents after I return to the US? Other concerns I should know regarding my plan? Hope to hear from you soon. Thank you very much.

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
It is unfortunate that you were unable to marry prior- is this because you immigrated through a parent in the unmarried category? Under current processing it will be many years before she can enter the US on a green card. That is because she is under the quota system. When you become a US citizen, her process is much, much faster because there is no quota system. In any event, you would want to file the first step with DHS as soon as possible, as this will give her the priority date. DHS will process your case and after approval give to the NVC. The NVC will hold the case until your wife's priority date is current. They will then notify you and you will continue with the process. You can expect this to take many years. Please go to my website Click on visa bulletins. Select current bulletin. Scroll to the family based chart. You will see a column for Philippines and for wife of a lawful permanent resident. When your wife's priority date is in that box, the NVC will reactivate the case.
Answer Applies to: California
Replied: 2/11/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes, you can go home and marry your fiance at anytime, there is no minimum amount of time you need to be a Permanent Resident to petition a spouse. Once you return to the US you can petition him. Since you a Permanent Resident and your wife is from the Philippines it will take about 3 years before she is eligible to come to the U.S. There is no requirement to notify USCIS that you are married.
Answer Applies to: California
Replied: 2/11/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
No there is no minimum time frame, no you don't need to contact USCIS, yes you can marry a petition for your fiance it's just that as permanent resident there is going to be a waiting period as the priority dates are far from being current.
Answer Applies to: Florida
Replied: 2/11/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Your question sounds simple but the answer is not. The steps to petition for your fiance is simple but you bear the burden to prove your case, which requires a lot of legal attention. You should hire a lawyer to assess your situation and prepare your package for you. You may end up needing do something more before you can file. But advice cannot be given unless your specific situation is assessed. The bottom line is it is strongly recommended to hire an attorney for your petition to avoid denial.
Answer Applies to: Florida
Replied: 2/10/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
A greencard holder cannot petition for his or her finacee. Only a U.S. citizen can do this. You can marry your fiancee outside of the U.S. and then file an I-130 petition on his or her behalf, but you should take the time to look at the visa bulletin for that category (F2A) so you will know the time frame. There is currently a wait of at least 3 years.
Answer Applies to: Virginia
Replied: 2/10/2011
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