Announcement

Announcement Module
Collapse
No announcement yet.

Bring a spouse of an LPR to US

Page Title Module
Move Remove Collapse
X
Conversation Detail Module
Collapse
  • Filter
  • Time
  • Show
Clear All
new posts

  • Bring a spouse of an LPR to US

    I am Indonesian. I got my Permanent Resident since June 2006. I'm planning to get married next year with my girlfriend who lives in Indonesia.

    The questions are:
    - What is the best and fastest way to bring her to live and work in US legally? Using F-1 or H-1?
    - I know I can apply petition for her using form I-130. Should I file I-485 together with the I-130?
    - How long will she wait for I-130 to be approved?
    - Can she come and live in US while she waits for the approval?
    - Does V-1 visa still exist?
    - Assuming I'm gonna be a US citizen in 2011, will the visa number available for her right away after I become citizen? How long will it take for her to get her Permanent Residency?

    Notes: she graduated from Oklahoma State Univ. 3 years ago. She had to go home because her OPT was expired.

    Please give some input/ideas how I should bring her to US legally while I'm waiting for another 3 years to apply my citizenship.

    Thank you for your response

  • #2
    If you get married she will have a very hard time to get F-1. H-1 is no problem.

    You can't file I-485 for 5 years or so after the I-130 was approved since no visa numbers are available. She can't wait in the US during this time.

    Once you become a citizen the numerical restriction goes away.

    You had to file for I-130 before 2000 to be eligible for a V-1 visa.
    I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008
    I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008.
    Card received on 8/22/2008.

    Comment


    • #3
      In my opinion, only H-1B and L-1A/B visas are candidate choices for your significant other.

      Originally posted by esusanto77 View Post
      IPlease give some input/ideas how I should bring her to US legally while I'm waiting for another 3 years to apply my citizenship.
      Regards,
      S K Ghori
      skg@vex.net
      http://www.vex.net/~skg/

      **NOTE**
      I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

      **DISCLAIMER**
      I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

      Comment


      • #4
        Thank you "nscagony" for your reply. What do you mean by "Once you become a citizen the numerical restriction goes away."? Does it mean when I become citizen, her visa number would be available immediately regardless the 5-years waiting period for I-130 approval?

        What's the waiting time period of:
        - applying US citizenship to become citizen?
        - spouse's adjustment of status (I-485) from the day I become a citizen?

        Thank yo so much

        Comment


        • #5
          Originally posted by esusanto77 View Post
          Does it mean when I become citizen, her visa number would be available immediately regardless the 5-years waiting period for I-130 approval?
          There is no "5 year waiting period" in the law; it's just that since the category is oversubcribed, it takes around 5 years for a visa number to become available. Once you become a citizen she becomes an immediate relative which has an unlimited number of visa numbers.

          It'll take 9-18 months to become a citizen, and then another few months for her to adjust status or do CP.
          ------------------------------------
          IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

          PD: 9/12/2000 (EB3/VA/RIR/Canada)
          I-140 RD: 12/22/2000
          I-140 AD: 7/16/2001
          RD: 8/28/2001
          ND: 10/26/2001
          FP1: 1/31/2002
          RFE: 8/2/2002
          RFE RD: 8/28/2002
          TD: 10/22/2002
          FP2: 6/19/2004
          ID: 07/15/2004
          AD: 07/15/2004
          CO: 08/18/2004
          CR: 08/23/2004
          N-400 RD: 05/21/2009
          FP: 06/13/2009
          CFR: 08/05/2009
          IL: 08/21/09
          ID: 10/7/09
          USC: 10/8/09

          Comment


          • #6
            Thanks "Triple Citizen" for your answer. Can a company still sponsor her H-1B visa after her absence in US since she graduated 3 years ago?

            For L-1 A/B visa, what are the requirements or criteria to apply this? How long is the wait time?

            Thanks so much

            Originally posted by Triple Citizen View Post
            In my opinion, only H-1B and L-1A/B visas are candidate choices for your significant other.

            Comment


            • #7
              As long she is qualified and an employer sponsors her she can get H1B, but getting past the quota is a problem, especially if she doesn't have a US MS degree. For L1 she must have been working for a foreign company for a while and that company transfers her to the US. There is also O-1, if she has a PhD or similar extraordinary abilities.
              I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008
              I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008.
              Card received on 8/22/2008.

              Comment

              Working...
              X