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Successful interview, can my girlfriend get a visa?

A

Agusf

Registered Users (C)
Hello I had my interview last week and I got the visa, because I didn´t know if I was gonna get it, obviously, I didnt think much about it but now that I do I want to know what the possibilities to get a visa for my girlfriend are. We have been together for 3 years and we both want to move to US. Pleas advise us what to do.
thank you very much
 
Agusf said:
Hello I had my interview last week and I got the visa, because I didn´t know if I was gonna get it, obviously, I didnt think much about it but now that I do I want to know what the possibilities to get a visa for my girlfriend are. We have been together for 3 years and we both want to move to US. Pleas advise us what to do.
thank you very much
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Hi Agusf,

The answer to your question is a big no. I'm saying this because as far your visa has been issued, your case is close and cannot be reopened. It could have been possible if you had married her and send evidence of that to KCC before your interview.

As its stands, you have no choice to go and file for her to join you after 5years. Within the 5years, she can be visiting you. You can also let her try her luck in 2012 DV Lottery. CONGRATS.
 
congrats for your case!

Well maybe there is a way, but Im not sure as I did this before the interview which would have made it easier.

So since you didn't go into the "rules" of the DV and figure out if there is a way. Someone suggested that you can do this up to June 30, I saw someone else say something about Sept 30 but like I said, I married just before the interview and so we all did interview together. I don't want to give you false hope, but I would not "just" go with a No impossible answer.

Maybe you could ask KCC or your consulate, if you have been together for 3 years, and you can give proof, who knows.

Good luck!
 
You are a GC holder now and can't sponsor any one else until you become a citizen in 5 years. She can apply for a B2 visa or try any other visa or travel on a tourist visa and she will be able to stay 180 days a year in the country but no longer than 3 months in a row.

Some people just married before the interview to add the other person but if that is the only reason and the marriage doesn't hold up, the added person will not be able to become a citizen if the couple ends up in a divorce...or that person must be lucky that it isn't noticed...

The rules clearly are stating that all falls with the main GC holder.

If you marry now it is because you love each other and to me that should be the only reason....although I understand it is harder now to have her stay for a long time unless she gets a visa but thousands others have managed so can you:)
 
She can get a visa as well. You need to marry her and then call the consulate and tell them that you got married and you need a visa for your wife. They will ask you to fill all the documents and send them to the consulate. Then be prepared to show pictures from the wedding and why you didn't marry her before. This needs to happen before you enter USA and activate your green card.
 
bentlebee said:
...unless she gets a visa but thousands others have managed so can you:)
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bentlebee: what do you mean by "thousands managed"? do you mean that it is still possible to get DV for the wife after you get your DV? i thought this wasn't possible... or am i missing something here?
 
The first NL for DV2010 stated on the timeline that from 1 May 2009 (or thereabouts) to 30 June 2010 you can provide your docs to KCC for processing and provide additional info for changes to family status (marriage/ birth of child). All changes must be advised by this date.

It also states that spouses/children may only obtain a GC through derivative status until 30 September 2010

That is where I got those dates from.

I am not sure if that means if you get married after your interview, you are still able to get a GC for your spouse if you provide the documents before 30 June 2010 and they are scheduled for an interview before 30 Sept 2010.

All that said though, you say she is your girlfriend.. you'd have to be married to be able to get a visa for her in any circumstances.
 
fthnm2005 said:
bentlebee: what do you mean by "thousands managed"? do you mean that it is still possible to get DV for the wife after you get your DV? i thought this wasn't possible... or am i missing something here?
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Sorry if I caused any confusion...I meant to say that so many are here on visa's and manage to obtain some kind of visa until they get a perminent status. Although it isn't always easy, it can be done since thousands manage to do so.

You can try what some have stated, but so far I never heard that it was possible. As far as I know you have to be a citizen to sponsor any one else and as far as I know no GC holder can sponsor any one...no child, no wife, etc...JMO! But it won't harm you to call a immigration lawyer and ask the question. Maybe they will have a free phone consult...:)
 
bentlebee said:
Sorry if I caused any confusion...I meant to say that so many are here on visa's and manage to obtain some kind of visa until they get a perminent status. Although it isn't always easy, it can be done since thousands manage to do so.

You can try what some have stated, but so far I never heard that it was possible. As far as I know you have to be a citizen to sponsor any one else and as far as I know no GC holder can sponsor any one...no child, no wife, etc...JMO! But it won't harm you to call a immigration lawyer and ask the question. Maybe they will have a free phone consult...:)
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The visa bulletin provides some answers:

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

So, yes, a PR can sponsor a spouse but if you look further down, the cut-off time is about 4 years so either way it will take a while (it seems US citizens follow a different process for spouses and children under 21, all of which is much quicker). You can sponsor as a PR, or wait to become a US citizen - either way it will take a while.
Sensible advice from Bentlebee above is to consult a lawyer - I am sure our host on this forum would appreciate that :) Also, Wikipedia is extremely informative as well.
 
The amount of GC available is 50,000 and in the last couple of years it hasn't been reached according to USCIS.

Having said that the GC are meant for people filling thorugh the DV lottery and the lottery is over the day you are approved or denied or Sept. 30th, whatever comes first....so after the interview basically the lottery is over and a person falls under the "regular" visa/GC regulations as the previous poster has posted.
 
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