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August 28, 2004
iranian.com

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No fiancé visa

Mr. Taheripour,

Hello and thanks for giving your time to iranian.com readers. I recently met someone special and we are planning to get married. She lives in Tehran and I live here in the US. I was wondering if you could tell me the best way to get her over here.

I heard fiancé visa is the fastest way. But I am a Green Card holder and won't be eligible for US citizenship for at least 1.5 years. Is there any laws for people with Green Card wanting to bring their fiancé to US? Or is this only for US citizens?

I would really appriciate it if you could give some guidance.

Sincerely,

A.

Dear A.

You are correct in that you are not eligible to file a fiancé petition for your intended wife at this time because such petitions are not available for Lawful Permanent Residents. You may choose to marry your wife now and file a marriage petition on her behalf immediately.

Once you naturalize as a U.S. citizen, your wife will be classified as an immediate relative, thus avoiding any wait to be eligible for a visa. By that time, your petition will at least hopefully have been approved already by the U.S.C.I.S. and your wife will be able to immediately apply at the consulate for her visa.

The visa you are referring to in the last paragraph of your question is most likely the K3 visa option for spouses of U.S. citizens who are allowed to come to the U.S. while their visa petition is pending. You are correct in that a similar option is no longer available for spouses of Lawful Permanent Residents.

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Green Card: How long will it take?

Mr. Taheripour,

I'm a US citizen and recently (07/21/04) have applied for Green Card for my parents who live in Iran. Last night, I received a receipt letter from INS indicating that they're processing my case which could take somewhere between 150 to 999 days.

I live in Virginia and had to sent the forms and documents to the Vermont office for processing. Based on your experience, would you please advise as to how long it will take for my parents to get their Green Card?

Kind Regards,

C. M.

.Dear C.M.,

Currently, the processing times for your type of petition at the Vermont Service Center is approximately 5 months or 150 days. However these processing times are subject to change depending on how much case backlog the Vermont Service Center will be experiencing in the future.

Please check both your own specific case status by accessing the official U.S.C.I.S. website at www.uscis.gov and clicking on the “Case Status Online” option. Also check the general processing times at the Vermont Service Center. These can be found here. Remember that the times given to you by the U.S.C.I.S. are approximations only and not legally enforceable deadlines.

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Green Card holder: Daughter processing time

Good afternoon. I am a U.S. citizen, and my mother and father got their green cards through me in 2001. In August of 2001, my mother applied for my sister’s green card who was 19 at the time. It has been three years since my mother did this. How much longer do you think it will take for my sister to be able to come to America?
Shahram Ahrar

Dear mmmmm,

The visa eligibility dates can be checked on the Department of State Visa Bulletin. Right now, for children of Lawful Permanent Residents (i.e. under the age of 21 and unmarried) visas are eligible for children whose petitions have a priority date of April 15, 2000. For unmarried daughters and sons of Lawful Permanent Residents (i.e. they are over 21), visas are currently eligible for those whose petitions have a priority date of July 1, 1995. As you can see, there is a significant waiting time difference depending on whether the Department of State considers your sister legally a “child” or a “daughter” of your mom and dad.

A law known as the Child Status Protection Act which was passed recently in the year 2002 may help in keeping your sister in a “better” category. However this law is very complex, so you will definitely need to have a detailed and specific consultation with an attorney, who must research the applicable laws to the facts of your case and make an inquiry with the Department of State, should that be necessary, before knowing when your sister can become eligible to immigrate to the United States.

Ali Taheripour, Esq.: a_taheripour@yahoo.com
Law Offices of Ali Taheripour
12754 Ventura Blvd, Ste D
Studio City, CA 91604
Tel: (818) 754-6777
Fax: (818) 754-6778

Main areas of practice are civil litigation (including personal injury) and immigration law.

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The law is constantly changing and the information contained herein may not necessarily be complete or correct on the date of access and accuracy depends on the date of the generated information and its application to your particular legal problem: Each legal problem requires that it be addressed on its own set of facts and different jurisdictions observe different laws and regulations.

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