You may file an I-130 petition for her but that will take more than 2 years to go through.. In the meantime your having filed on her behalf will not give her the legal right to remain here while the petition is pending.
See when you qualify to apply for citizenship and apply ASAP. Will then be able to immediately petition for her green card, without any delay.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Only US citizens can apply for fiancée visas. If you have been a green card holder for 5 years, consider applying for citizenship.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
You need to become a U.S. Citizen in order to sponsor a fiance.
You may marry him and petition for him but, currently, he will need to wait approximately 2.5 before he can immigrate to the U.S. under the F2A category. Once you become a U.S. Citizen, he becomes an immediate relative and may consular process without wait.
No. Benefit available only to USC. You may apply for your spouse.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.
I agree with my colleague. You can also marry her and bring her to the U.S. as a permanent resident although the process will take several years.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.