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Immigration for the Fiancé of a Permanent Resident With a Pending N-400

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  • 02-03-2015, 11:49 PM
    rafraf
    Immigration for the Fiancé of a Permanent Resident With a Pending N-400
    I am a permanent resident in the USA. Since I have been here for longer then five years now, I filled out and sent the N-400 (the Application for Naturalization) last week. I do not know how long the process will take, but I would imagine it shouldn't take more than a year (hopefully less?). I met my fiancé online two years ago who is a citizen of the Republic of Panama. We constantly stayed in contact over the phone and Skype. He visited the USA twice so far, and I proposed this past summer. He currently lives and works full-time in Panama, but we want to get married in USA and live in the USA. He currently has the 10-year tourist visa.

    I am wondering what should we do in terms of getting him a work permission (and legal status) as soon as possible? Should we apply for the K-1 Fiancé Visa? Should we marry as soon as he comes here? Should I wait to become a citizen and then marry him? I do not want this to seem like an immigration fraud, because it is not. What would be the most optimal route for us? Additionally, I am aware that the U.S. Supreme Court declared Section 3 of DOMA unconstitutional, but are there any additional federal road blocks for us as a homosexual couple?

    Thanks,
    --John
  • 02-04-2015, 05:59 AM
    flyingron
    Re: USA Permanent Resident (Already Submitted N-400) Marrying a Panamanian Citizen
    His tourist visa is invalid for purposes with immigration intent. He could find himself turned away if they find out he's married (or intends to marry) a permanent resident.
    You can not get a K-1 visa for him as a permanent resident, you need to wait until your naturalization is complete. Once that is complete, the K-1 process, even for same sex fiancees, is straightforward. Once you are actually married, you can then adjust his status to permanent resident.
  • 02-04-2015, 07:14 AM
    rafraf
    Re: USA Permanent Resident (Already Submitted N-400) Marrying a Panamanian Citizen
    Thanks! Would you know more or less how long it takes to actually become a citizen and get a K1 visa?
  • 02-04-2015, 07:28 AM
    flyingron
    Re: USA Permanent Resident (Already Submitted N-400) Marrying a Panamanian Citizen
    Quote:

    Quoting rafraf
    View Post
    Thanks! Would you know more or less how long it takes to actually become a citizen and get a K1 visa?

    Petitions for fiancee are just listed at "six months or less" as of January 15.

    Depending on how busy CIS is at the time, you can expect your naturalization to run 3-6 months.

    The next sound you will hear is a notice that they received your application (usually two weeks). You'll then get a letter to come in and get your finger prints done. About six weeks after that you'll go in for your interview. After that (if all goes well) you'll get a notice as to where to take the oath within a month.
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