Question about how a green card holder can sponsor their fiancé(e) (who entered on travel authorization)
I’m a green card holder, and my fiancé(e) entered the U.S. on travel authorization and is currently living with me.
In this case, I’d like to know if I need to have them go out of status in order for them to live in the U.S., or whether there’s another option.
If your girlfriend holds a visa, proceeding as the spouse of a green card holder is possible, but if F-1 isn’t available either, realistically (many people) proceed with one of two options. Since we can’t write out anything that violates immigration law, please just take the following as a reference of a common approach.
1. If she ends up overstaying past 90 days: become a citizen first, then sponsor her for a green card
2. Go to Korea and obtain a K-1 fiancé(e) visa
For option 1, if she does overstay in the U.S., she could stay past 90 days as an overstay, and afterward, once you become a citizen, sponsor her for a green card. The downside here is that since this only happens after you become a citizen, it could take a long time to receive the green card.
For option 2, you’d go back to Korea and send a fiancé(e) visa, and she could then enter the U.S. on that visa. In this case, she wouldn’t need to overstay, but the downside is that it takes time before re-entry.