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Svet - 31 Jan 2005 14:10 GMT

Hi to everyone. I am from Bulgaria and i moved to Usa an year and a half
ago and i became Legal Resident. I want to take my girlfriend/fiance
here, but i have no clue how the system works. Can someone of you give
me some advice, what and how should i proceed ?
Thank you very much in advance.

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Svetko

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ian-mstm - 31 Jan 2005 14:32 GMT

> Hi to everyone. I am from Bulgaria and i moved to Usa an year and a
> half ago and i became Legal Resident. I want to take my
> girlfriend/fiance here, but i have no clue how the system works. Can
> someone of you give me some advice, what and how should i proceed ?
> Thank you very much in advance.

If you are not a US citizen, you are *not* eligible to apply for a
fiance visa to bring her to the US. Fiance visas are *only* available to
US citizens.

If you were to get married to her, you *would* be eligible to bring her
to the US as your spouse, but because you are not a US citizen, it may
be 8 - 10 years before she actually gets a visa.

Ian

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Svet - 31 Jan 2005 14:46 GMT

> If you are not a US citizen, you are *not* eligible to apply for a
> fiance visa to bring her to the US. Fiance visas are *only* available
[quoted text clipped - 5 lines]
>
> Ian

Thank you very much, Ian, i dont know what to say, u kinda killed me
with that info, man :( 8 to 10 years? Jesus! "Sad But True" huh? Thank
you, and take care, man, thanx.

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Svetko

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ian-mstm - 31 Jan 2005 15:07 GMT

> Thank you very much, Ian, i dont know what to say, u kinda killed me
> with that info, man :( 8 to 10 years? Jesus! "Sad But True" huh? Thank
> you, and take care, man, thanx.

While there is no quota for spouses of US citizens, there are,
unfortunately, only a certain number of spousal visas available each
year for non-US citizens. It'll take that length of time before her name
rises high enough on the list before a visa becomes available. Sorry!

Is it possible for her to apply for a visitor's visa? Or a student visa?
Or a work visa? These are all viable and legal means of entry to the US.
This might get her here so you two can be together for a while. I
caution you, however, against getting married and attempting to adjust
her status *or* having her stay in the US beyond the expiry date on the
visa. Also, have you considered returning to Bulgaria?

Ian

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CaliforniaBride - 31 Jan 2005 22:21 GMT

It would be quicker for him to naturalise and become a USC then apply
for K1 or K3. Not much help really.

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Matthew Udall - 31 Jan 2005 22:46 GMT

Just curious, was she your girlfriend/fiancée when you embarked on the
process of obtaining permanent resident status (and at that time, did
you want to bring her to the U.S.)? If so, did you consult with an
attorney when embarking on that process?

As a side note, there are times when an LPR might want to give up his or
her LPR status and start over again. Not saying "you" should consider
doing this, as I don't know anything about your case. Before doing
anything, I'd consult with a qualified immigration attorney to map out
your options. Good luck.

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Smaug - 31 Jan 2005 22:58 GMT

Have you looked into whether she can gain a visa through independent
means, such as herself finding work, or becoming a student? This could
allow you to be together for the time being, then should you naturalize,
you could then consider a K-1 visa, which is for a fiance(e) of a USC to
enter the US with the intent to marry within 90 days of entry, and to
stay permanently thereafter.

Disclaimer: My cooking sucks, I'm no lawyer and my ideas are not legal
advice.
Good luck!

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Smaug the Dragon

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Immigration Forum / USA Marriage Base / January 2005

a huge problem...