Need Help. To Marry or not to Marry

[chrisghemm]

Hi I'm new here and have been looking for answer similar to my situation. I could not find a similar situation in the forum so, here is my story. I hope that someone can help me point to the right direction.

I came to U.S.A. March of this year (2009). I was petitioned by my parents as an overage Son (Over 21). While waiting for my papers, I met the girl of my dream. I was told by my parents not to get married as it will nullify the petition they filed for me. I followed my parents advice, we did not get married but I lived together with my girlfriend and had 5 kids (Oldest is 13 and the youngest is 1).

Now that I'm here in U.S. and received my green card. I'm getting different opinion on how to bring my Girlfriend and my kids here with me. Some told me to go back to the Philippines and marry my girlfriend then file a spouse petition. Some said that it will be faster if I file a petition for her as my fiance. I was looking online and saw that the K visa's description is for a foreign national marrying to a "US Citizen". Now, I'm more confused as I'm not a Citizen yet.

I have 3 questions and I hope that someone can help me or share their experience.

1. Should I marry or not marry upon filing my application?
2. What form will I need if K3 Visa is for US Citizen?
3. How long does it take on average before I can get my family to be reunited with me?

Thanks!

 

[Jackolantern]

If the parent who sponsored you became a US citizen before or while your process was pending, you getting married would not have nullified the petition; it would have only changed your category from 1st preference to 3rd preference, delaying your process by a couple of years, but your wife and children would have been able to join you.

But it is true that if your parent remained a permanent resident, your marriage would have nullified the petition.

Getting married after you already have your green card will mean you either have to wait until you are a citizen to file for your children and wife, or file now as a permanent resident and wait 5 years in the second-preference queue (spouse and minor children of permanent resident). Either way you're looking at 5 years before you can bring them to the US permanently. And if you want to become a US citizen, you can't spend too much time outside the US.

Look at the visa bulletin to get a better understanding of the different family-based categories and waiting times: http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html. Spouses and under-21 children of citizens are not listed in the bulletin because there is no numerical limitation on that category.

 

[Triple Citizen]

A1: Since you are not a US citizen, your need to get married first and then file for their GCs
A2: Does not apply to you
A3: You are looking at 5 to 7 years

1. Should I marry or not marry upon filing my application?
2. What form will I need if K3 Visa is for US Citizen?
3. How long does it take on average before I can get my family to be reunited with me?

 

[chrisghemm]

A1: Since you are not a US citizen, your need to get married first and then file for their GCs
A2: Does not apply to you
A3: You are looking at 5 to 7 years

Thanks for the reply. I'm going to take a vacation to be with my family this Christmas and New Year. Getting married is one of our option while I am there. I hope someone with similar experience can verify this?

 

[chrisghemm]

Getting married after you already have your green card will mean you either have to wait until you are a citizen to file for your children and wife, or file now as a permanent resident and wait 5 years in the second-preference queue (spouse and minor children of permanent resident). Either way you're looking at 5 years before you can bring them to the US permanently. And if you want to become a US citizen, you can't spend too much time outside the US.

Thanks for the link you provided. My parents had GC when they petitioned me that is why they told me to not get married but they became US citizen before I came here and we did not know that I can also change my status from single to married at that time. Well, I am now on the wrong side of the border and cannot go back in time. I should have seen this forum before I came here and got meaningful advise from members like you. So, I have to now go forward and see what will be the best option to do to make the process faster.

Question now is.

Should I marry my girlfriend in December when I go back for vacation and file a petition to my Wife (after getting married) and five children.

OR

Should I wait to become a U.S. Citizen and file a fiancee visa for my girlfriend after changing my citizenship status.

OR

Should I Marry my girlfriend and wait to become a U.S. Citizen before filing a petition as a spouse?

Which option makes more sense and takes less time? I added the 3rd preference from the two you have given above. I'm going to do more research but input from this forum will help me make better decision.

Thanks!

 

[VisaNutz]

Thanks for the link you provided. My parents had GC when they petitioned me that is why they told me to not get married but they became US citizen before I came here and we did not know that I can also change my status from single to married at that time. Well, I am now on the wrong side of the border and cannot go back in time. I should have seen this forum before I came here and got meaningful advise from members like you. So, I have to now go forward and see what will be the best option to do to make the process faster.

Question now is.

Should I marry my girlfriend in December when I go back for vacation and file a petition to my Wife (after getting married) and five children.

OR

Should I wait to become a U.S. Citizen and file a fiancee visa for my girlfriend after changing my citizenship status.

OR

Should I Marry my girlfriend and wait to become a U.S. Citizen before filing a petition as a spouse?

Which option makes more sense and takes less time? I added the 3rd preference from the two you have given above. I'm going to do more research but input from this forum will help me make better decision.

Thanks!

Since you just got your GC, it will be between 5 - 7 years for all three options.

Since you are looking at about 5 years before you can be approved for naturalization, and there are no guarantee that you will be approved (in case things happen in the next five years, for example you had to leave USA for more than 6 months or a year), I would just get married ASAP and apply for them.

Since all your children are under 21, and will most likely remain under 21 when the visa number becomes available (if you file now), you can include all of them in one I-130 petition.

Since immediate relatives (of USC) do not enjoy derivative beneficiary status, you will need to file separate petitions for each member of your family. That can be quite expensive, given the probability of fee increase.

The way I reason it is that becoming a USC will have the most impact on the process to bring your family members here. So, if you want to wait and petition, you have the option to do that anyway. However, since future is unpredictable, and in case you do not become a USC within the next 5 or 6 years, just one I-130 now will be enough. Then, if you become a USC before their visa number becomes available, you can always file petitions as USC.

 

[chrisghemm]

Since you just got your GC, it will be between 5 - 7 years for all three options.

Since you are looking at about 5 years before you can be approved for naturalization, and there are no guarantee that you will be approved (in case things happen in the next five years, for example you had to leave USA for more than 6 months or a year), I would just get married ASAP and apply for them.

Since all your children are under 21, and will most likely remain under 21 when the visa number becomes available (if you file now), you can include all of them in one I-130 petition.

Since immediate relatives (of USC) do not enjoy derivative beneficiary status, you will need to file separate petitions for each member of your family. That can be quite expensive, given the probability of fee increase.

The way I reason it is that becoming a USC will have the most impact on the process to bring your family members here. So, if you want to wait and petition, you have the option to do that anyway. However, since future is unpredictable, and in case you do not become a USC within the next 5 or 6 years, just one I-130 now will be enough. Then, if you become a USC before their visa number becomes available, you can always file petitions as USC.

Thanks!. Your explanation makes a lot of sense. So, if I understand it correctly, you can have two petition for a family running in parallel. One will be the I-130 and the other when I become a citizen. One will not nullify the other if I have both is this correct?

 

[PR81502]

Thanks!. Your explanation makes a lot of sense. So, if I understand it correctly, you can have two petition for a family running in parallel. One will be the I-130 and the other when I become a citizen. One will not nullify the other if I have both is this correct?

He is saying that it costs $355.00 USD for one I-130 if you file for your wife and 5 kids soon after you marry. If for any reason in 5-6 years you are not a US citizen yet and the I-130 is approved the visa numbers will likely be available for them. They can all come to the USA together on the same I-130 since all the kids will be < 21 years old.

On the other hand if you become a USC citizen in 5-6 years before their visa numbers are available you have to file a separate I-130 for the 5 kids(5x $355.00 = $1775.00) plus all other IV fees. The fees could increase in the future no one knows.

Basically if they get their GC by option1 it will be less expensive for you. Either option is going to take at least 5-6 years before they get here. But I would file the I-130 after the wedding takes place.

Good luck.

 

[VisaNutz]

No, as a permanent resident, you file just one I-130 for your wife and list all 5 children in it. If you become a USC before they get their GC, your I-130 for your wife will still be valid, but it will be upgraded to "immediate relative" category, however, you will then need to file I-130s for each of your 5 children individually (since USC immediate relatives do not enjoy derivative beneficiary status). That's the drawback of becoming a USC in your case.

In your case, it almost makes sense to apply for them now, and not naturalize until they have their GCs. Because the wait time would probably be the same, you save a few thousand dollars by putting all of them in one I-130.

 

[chrisghemm]

No, as a permanent resident, you file just one I-130 for your wife and list all 5 children in it. If you become a USC before they get their GC, your I-130 for your wife will still be valid, but it will be upgraded to "immediate relative" category, however, you will then need to file I-130s for each of your 5 children individually (since USC immediate relatives do not enjoy derivative beneficiary status). That's the drawback of becoming a USC in your case.

In your case, it almost makes sense to apply for them now, and not naturalize until they have their GCs. Because the wait time would probably be the same, you save a few thousand dollars by putting all of them in one I-130.

Thanks VisaNutz and PR81502 for explaining the I-130 process. It makes sense to file now and wait for them to come over before applying to become a citizen as I will have to re-file for my kids if I turned USC.

Anyway, if a USC, file for an I-130 for their family how long does it usually take? I'm asking this as a "what if". because my oldest kid is already 13 and she is physically disabled (Maybe another forum topic?) If in case it takes longer than 7 years, she may turn 21 before they get approved and my oldest will not be able to come with my family. If by the time that I become eligible to be a USC and figured out that the petition to my family may take longer than expected, can I get her sooner (maybe within a year) if I become a citizen?

Thanks!

 

[VisaNutz]

your concern is a valid one. However things look good in your direction. You have at least a little over 4 years before you can apply for nationalization. Coincidentally the wait time for F2A is about the same. So, if things go as usual, all of your family will get their GC by the time you naturalize. That's of course if you file asap.
Think about it this way, you will have to file for your wife no matter what. You might as well file now - it will at the least save you some money in case the I130 fee goes up - which for sure will. But in reality it will save you thousands.
To answer your original question, if you were a USC, it would take about 6 months for them to be here.

 

[chrisghemm]

your concern is a valid one. However things look good in your direction. You have at least a little over 4 years before you can apply for nationalization. Coincidentally the wait time for F2A is about the same. So, if things go as usual, all of your family will get their GC by the time you naturalize. That's of course if you file asap.
Think about it this way, you will have to file for your wife no matter what. You might as well file now - it will at the least save you some money in case the I130 fee goes up - which for sure will. But in reality it will save you thousands.
To answer your original question, if you were a USC, it would take about 6 months for them to be here.

Thanks VisaNutz. I was reading the link provided by Jackolantern and saw that there is a 2005 (so it will take around 4 years) date for Permanent resident spouse and kids. It was just not clear to me until I read your post.

I will be going home this December to visit my family and I am planning on getting married. I just want to make sure, if I get married while holding my Green Card, do I have to change my status on my social security to married before filing or is this automatic? Also, is there any other place in the immigration where I have to change my status?

Thanks again!