I-130 or H1B is better

[fiaz]

My wife has a MS Computer Sciences. I became permanent resident in July 2004. I still have my I-129 petition approval valid until August 2006. Can I use that for her, to call as H4? Which way is the best to file her case. She is back home and want to come here to live with me. If I'll process her H1b and once she is here I can marry her as per US laws, can she change her status from H1b to I-130 or not? Is there any law changing in I-130 to expedite the cases? Is there is any other quicker way to call her in the US. I know follow to join program, but I'm not sure how it works?
The way INS works is terrible, laws are really difficult to understand and unpredictable. Please Help, Thanks.

[N400 applicant]

the moment u become a PR, all ur previous status expire. So u r no longer on H-1.
now if u try to bring her here using ur green card it might take 6-7 years. you can try to bring her here on a student or work visa but then she will have to independently maintain those valid statuses till you become a citizen.

[fiaz]

Question ? If I'll not show her as my wife and call her here on H1b. Than we marry here as per US laws here in the court and register ourselves as Husband/Wife. Can she drop her H1 status than and be a dependent on me? Please reply. Thanks.

[N400 applicant]

Originally Posted by fiaz

Question ? If I'll not show her as my wife and call her here on H1b. Than we marry here as per US laws here in the court and register ourselves as Husband/Wife. Can she drop her H1 status than and be a dependent on me? Please reply. Thanks.

Unfortunately not. Let me explain you what benefit does a spouse of a green card get and in what time frame.

First of all you(green card holder) will have to file I-130 for her. It will take between 3 months and a year to get that approved.
Now..comes the bad part. There is only a limited number of greencards (immigrant visas) available for spouse of green card holders. The current backlog is about 5 years or more. So she has to wait for her turn...thats about 4-6 years before she can get a visa number and only then she can apply for actual greencard..(485-AOS or CP).

All the 4-6 years while she is waiting..she has to have a VALID NONIMMIGRANT STATUS OF HER OWN......there is no law which allows spouses of greencard holders to stay in the country while they wait their turn...

I know it sound very very absurd....unjust and painful....But thats the law...

When you become a citizen, she will get a visa number immediately..because there is no annual quota on the spouses of US Citizens...

go to the uscis website and look for the family preference category..and the wait times..it will help u understand more..

[fiaz]

Do U know anything about V1 visa. It is some kind of visa that a Green Card's spouse can get after 3 years of continous wait while waiting I-130. I don't know anything about that in detail. Please tell me if you know something. Thanks

[N400 applicant]

Originally Posted by fiaz

Do U know anything about V1 visa. It is some kind of visa that a Green Card's spouse can get after 3 years of continous wait while waiting I-130. I don't know anything about that in detail. Please tell me if you know something. Thanks

I had heard something about it...But I was under the impression, it was only an interim relief visa introduced to people who had filed before 2000 or 2001. I dont know if its still available....

[fiaz]

I think there is only one other way left. Lets suppose, If I'll prove that I married her before getting my permanent residency, is there anyway, I can claim her now as Follow to Join program using I-824?

Married: 01/2004
Green Card (I-485) approved: 08/2004

If I can prove on paper work that I married her before 08/2004 but never calimed her as my wife b'cos I just recently came to know that I can file her as Follow to Join program. What is your opinion? What questions INS can ask me,, Why I didn't claimed her earlier? or it doesn't matters?

Thanks