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  #1  
Old 15th September 2007, 08:01 PM
moresk moresk is offline
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Dad is a citizen

Hey all,

My fiancee's ,who is South Korean national, father is an american citizen for some 5-6 years. She would like to go to US and I told her that she should apply for green card. Dummy me, I have no idea what the process would be, so I am turning to You, good people to help me out.
How does she go about it? She lives in Seoul, South Korea. There is of course an american embassy there. She is 32 years old.
The only thing I may see a "problem" is, that her father has divorced her mother long time ago(15+years), but technically that doesn't change the fact that he is her father...right?

ANYONE CAN HELP ME HERE? SOME GUIDANCE? OPINIONS? SUGGESTIONS?

Anyone has experience like that? In South Korea? I understand that there is a lot of Korean nationals in similar situation.....

Thank You very much everyone in advance
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  #2  
Old 15th September 2007, 08:53 PM
Nama: Nama: is offline
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If you are an American Citizen, he can apply for Fiancee visa and visit the US.
It would be better if he applies for GC after your marriage.

I am only a lay man, you may need advice from a professional lawer.
Nama:
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  #3  
Old 15th September 2007, 09:19 PM
susan ward susan ward is offline
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Quote:
Originally Posted by moresk View Post
Hey all,

My fiancee's ,who is South Korean national, father is an american citizen for some 5-6 years. She would like to go to US and I told her that she should apply for green card. Dummy me, I have no idea what the process would be, so I am turning to You, good people to help me out.
How does she go about it? She lives in Seoul, South Korea. There is of course an american embassy there. She is 32 years old.
The only thing I may see a "problem" is, that her father has divorced her mother long time ago(15+years), but technically that doesn't change the fact that he is her father...right?

ANYONE CAN HELP ME HERE? SOME GUIDANCE? OPINIONS? SUGGESTIONS?

Anyone has experience like that? In South Korea? I understand that there is a lot of Korean nationals in similar situation.....

Thank You very much everyone in advance
The USC father should file an I 130 for his daughter . Only the USC can apply for green card for daughter, the daugther cannot apply for herself
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  #4  
Old 16th September 2007, 01:52 AM
Jackolantern Jackolantern is offline
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Moresk,

Assuming that you are not a US citizen and are planning to move to the US with your fiancee, you should get married before her father starts the process, so both of you can get included on the application. Otherwise, she will have to file for you after getting her green card, which will take additional years.

However, note that as an adult child of a US citizen, it will take 5 years or more for her green card to be approved (such is the backlog in that immigration category).

See http://www.immihelp.com/greencard/fa...ion/index.html
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PD: Jan 2003 (EB3 rest of world)
I-485 filed: June 2005 Approved: July 2007

I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
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  #5  
Old 16th September 2007, 05:32 AM
TheRealCanadian TheRealCanadian is offline
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Originally Posted by Jackolantern View Post
Assuming that you are not a US citizen and are planning to move to the US with your fiancee, you should get married before her father starts the process, so both of you can get included on the application. Otherwise, she will have to file for you after getting her green card, which will take additional years.
This is not correct. They need to be married before the process ends, not before it starts.
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IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #6  
Old 16th September 2007, 05:57 AM
Jackolantern Jackolantern is offline
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Originally Posted by TheRealCanadian View Post
This is not correct. They need to be married before the process ends, not before it starts.
Unmarried adult children are under a different category than married children. Isn't starting off as one then changing to the other going to delay or complicate the process?
__________________
PD: Jan 2003 (EB3 rest of world)
I-485 filed: June 2005 Approved: July 2007

I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
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  #7  
Old 16th September 2007, 06:26 AM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by Jackolantern View Post
Isn't starting off as one then changing to the other going to delay or complicate the process?
It'll delay the process only because the priority wait date for FB3 is longer than FB1, nothing more. If they're not going to get married tomorrow, then it makes sense IMO to get the FB1 I-130 in the queue to lock in the priority date.

If FB1 gets current and NVC contacts them, then they'll just respond indicating that the alien beneficiary is married and the case should be considered FB3.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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