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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108658
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I'm in a relationship with a US citizen. Im from England and

Customer Question

I'm in a relationship with a US citizen. Im from England and we are engaged. We want to get married over there next year but we have no idea how to do it and would like to know how I can become a US citizen. Thank you
Submitted: 11 months ago.
Category: US Law
Expert:  Guillermo Senmartin replied 11 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

It takes awhile to become a U.S. Citizen. You have to get U.S. Lawful Permanent Residency first and have that for a few years (normally) before you can apply for U.S. Citizenship. When do you plan to marry? And when do you plan to immigrate to the U.S.?

Customer: replied 11 months ago.
We were planning to get married next October, and hopefully for me to move there as soon as possible after that. Also, if I may ask, what is a U.S lawful permanent residency and how do I apply for one?
Expert:  Guillermo Senmartin replied 11 months ago.

U.S. Lawful Permanent Residency is a green card. You will have to have that status for a few years before you can apply for U.S. Citizenship. There are essentially three ways for you to come and none are really fast, unfortunately:

1) The K-1 fiance visa takes 6 to 9 months, but you must have met your U.S. Citizen fiance before at least once during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After you enter the U.S., then you have to marry and then you have to pay $1070 for the I-485 and you will have to wait about 5 to 7 months and get another interview that you attend with your new spouse so that you can get Residency.

2) The K-3 spouse visa takes 6 to 9 months, you must be married to the U.S. Citizen. The I-129F will cost $340 and $350 for the visa processing fee. Then after you enter the U.S., you must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married to the U.S. Citizen. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once you enter the U.S., you enter as a Resident and you do not have to file (or pay for) an I-485 nor do you have to attend an additional interview. You just get your green card in the mail a few weeks later.

So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that you can use to enter the U.S. while that process is pending. You will most likely have to wait outside.

Here is a link to those visas:

http://travel.state.gov/content/visas/en/immigrate/family/fiance.html

and another link:

http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf

I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, “but what about this...?” or “but what about that...?” But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had a faster and easier way to tell you about.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 11 months ago.
Thank you. I have a few more questions if that's okay? Is there anything my fiancé has to do? And do I have to wait until I'm 18 to fill out the forms? Or can I do it now with parental consent?
Expert:  Guillermo Senmartin replied 11 months ago.

When do you turn 18? Where will you marry?

Customer: replied 11 months ago.
Next July, and in the U.S in Belvidere, New Jersey
Customer: replied 11 months ago.
Is it possible to file for the K-1 now while I am still 17?
Expert:  Guillermo Senmartin replied 11 months ago.

You can start the I-129F process now, but you will most likely need a Joint Sponsor for the Affidavit of Support because of your age and most likely lack of income. Here is a link:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Customer: replied 11 months ago.
What exactly is Affidavit? And will my fiance be my sponsor because he has a job?
Expert:  Guillermo Senmartin replied 11 months ago.

How old is your fiance?

Customer: replied 11 months ago.
He is 20
Expert:  Guillermo Senmartin replied 11 months ago.

Ok. Then you can start the process now. To marry in NJ, you would have to have parental consent to marry before 18. Your fiance is old enough to sign the Affidavit of Support, so that should be ok.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is click on my name and they will come out. Thank you for your understanding.

Guillermo Senmartin and other US Law Specialists are ready to help you
Customer: replied 11 months ago.
Would it be too much to ask for you to help me? I'm very confused as to how he signs for it? Does he have to call a number? Or does he apply online?And I tried clicking your name but no stars or anything come up :(
Customer: replied 11 months ago.
I found the stars and rated full stars
Expert:  Guillermo Senmartin replied 11 months ago.

Thank you, Sophie. Here is the official link to the K-1:

https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html

He starts by filling out the I-129F. Here is a link:

https://www.uscis.gov/i-129f

He should read the instructions of the I-129F carefully, fill it out, add a check or money order for the fees and sign it and mail it out to where the instructions indicate.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

Customer: replied 11 months ago.
Hello, the link you gave me for the I-129F says at the top of the page that the form expires 06/30/2016?? Does that mean it is not useable? Also on part 1 question 8 it says marital status, but he is none of those or any prior spouses so does he leave them blank?
Expert:  Guillermo Senmartin replied 11 months ago.

No. It is still usable. Until they make a new one, that's the one that is still used. As to the question, he is supposed to be single or divorced to be able to aply for you.

Customer: replied 11 months ago.
But we are in a relationship, so should he put single?
Expert:  Guillermo Senmartin replied 11 months ago.

You are not married yest, so yes, he puts Single.

Customer: replied 11 months ago.
he puts the same for me too on the part he has to fill in about me I take it?
Expert:  Guillermo Senmartin replied 11 months ago.

Yes. Correct.

Customer: replied 11 months ago.
It has a section that says 'spouse number 1' 'spouse number 2' etc, he's never had any so does he leave it blank?
Expert:  Guillermo Senmartin replied 11 months ago.

Yes, he leaves those sections blank.

Customer: replied 11 months ago.
Thank you, ***** ***** the part for 'your mailing address' it says in care of name? What does that mean? Is that the person who owns the house?
Expert:  Guillermo Senmartin replied 11 months ago.

Leave that blank too. That's if someone else besides him would receive it at that address.

Customer: replied 11 months ago.
He lives with his nana and aunt and great nan so should we still keep it blank? And on 2e is has boxes that say Apt, ste, and flr? What are those?And also, (sorry) what is an Alien Registration Number? And on the citizenship acquired through question will he say parents if his parents are American?
Customer: replied 11 months ago.
2C sorry for the apt etc
Customer: replied 11 months ago.
Also, what would the province of New Jersey, Belvidere be? Would it be warren county?
Expert:  Guillermo Senmartin replied 11 months ago.

Sophie, this is a forum for legal advice, not to go over every single question on the I-129F. I don't mind answering a few follow-up questions for you, but within reason. Leave the "care of" blank. Apt is Apartment, Ste is Suite, Flr is Floor. So unless he lives on an entire floor separate from the house, a Suite, or an Apartment, those are left unchecked.

You do not have an A# ***** so that is left blank.

As far as Citizenship, if he was born in the U.S., he marks Birth. If he filed for it on his own, he marks Naturalized. If his parents Naturalized before he turned 18, then he marks Parents.

Leave Province blank.

Customer: replied 11 months ago.
I'm sorry...I just don't want to mess this up...it's important to us.
Expert:  Guillermo Senmartin replied 11 months ago.

I understand. I'm sure you'll be fine.

Customer: replied 11 months ago.
I have one final question. Is a certificate of citizenship also a birth certificate?
Expert:  Guillermo Senmartin replied 11 months ago.

No. They are different things. One shows that one was born in a place and it is assumed that they have citizenship from the place they were born in. The other means that they probably acquired citizenship after they were born.

Customer: replied 11 months ago.
Thank you!
Expert:  Guillermo Senmartin replied 11 months ago.

My pleasure.

Customer: replied 11 months ago.
on part 5 of the form, he doesn't have an attorney or representative? Is that okay? Is that just left blank or does it need to be filled out by someone?
Expert:  Guillermo Senmartin replied 11 months ago.

Didn't you say, "...one final question..."?

Customer: replied 11 months ago.
I know I know I'm sorry, I thought it was, I promise this is the last one because it's the end of the form
Expert:  Guillermo Senmartin replied 11 months ago.

It is ok to not have an attorney. He can leave that in blank.

Customer: replied 11 months ago.
Thank you so much for all you have done to help me and my fiancé as much as you can!
Expert:  Guillermo Senmartin replied 11 months ago.

No problem. I'm sure everything will turn out ok. Good luck.

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