I am applying for the naturalization. I am planning to get married to my girlfriend who is currently residing overseas. What is the option for her to get Green card and how long does it take?
First option is to get married in the country where your fiancé lives and apply for immigrant spouse visa at the U.S. consulate abroad.
You will file the I-130 petition for your wife, and the processing time is usually three to four months. When the petition is approved, the USCIS will forward the application to the National Visa Center and this will take one to two months. At this point, you will be asked to submit and pay filing fees for the DS-260 immigrant visa application and affidavit of support. Then, the National Visa Center will pre-screen the application. This will take additional one to two months. Then your wife will be notified of the interview date. You can expect this entire consular process to take approximately 7 months to one year.
Second option is to apply for the K-1 fiancé visa for your girlfriend if she intends to marry within 90 days of your fiancé entering the United States. With some limited exceptions, you should have met with your fiancé in person at least once within 2 years of filing your K-1 Petition.
However, I would like to add a note of caution. If your fiancé enters the U.S. on nonimmigrant visa, such as the student visa or visitor’s visa, with the intention to marry you or gets married within 90 days of arrival, your immigration petition for your spouse will be denied. So we advise you to consult with an attorney before entering into marriage and determining which process is suitable for your circumstances.
Call our office at (757) 486-4529 to determine the best course of action.