Best advice needed ASAP

[indianh1b]

Dear Friends,

I am a permanent resident of Indian origin who received the Green Card 1 year ago. I would like marry someone from India. I know that the priority dates are severely affected due to the backlogs but I am looking for the best way to get married to an Indian citizen from India. Your advice will be appreciated on this matter:

1. What is the best or the quickest way for a spouse to come to the US?

2. What is the chance of getting a visitor visa for the Indian spouse to enable her to come to the US to visit her husband?

3. If the spouse gets a student visa, arrives in the US, and then I marry and sponsor her, is it necessary for her to maintain the student status until her she her priority date is reached? Or with an approved I-140 and pending I-485, could she wait for the adjustment of status without maintaining her F1- status?

4. How long does it usually take a US citizen to sponsor and bring her overseas spouse (say, from India) to the US?

5. Is there any interim provision similar to K or V visa that is applicable at sometime sooner for overseas spouses of Permanent Residents?

Appreciating any valuable information.

Thanks!

[patty579]

1. Hm, it would take many years after you file I-130 for your spouse to come to the US.
I guess the fastest way is, file I-130 now and once you become a USC, file for upgrade.

2. Not sure about the visitor visa. Could get difficult. But maybe somebody else knows more about that.

3. Your spouse will have to maintain her student visa, until she can file for I-485. She can only file for I-485 once her priority date becomes current. A pending I-485 is a legal status, I don't know much about I-140 though.

4. With the USC's spouse in the US, it takes only a couple of months to adjust status. Not sure how long it takes when the spouse is overseas. But probably not much longer.

5. Unfortunately there is no K1 visa for LPRs. I haven't heard of a quicker way.

Good luck with everything!

[indianh1b]

patty579, Thanks for the quick response.

I would like to seek a clarification based on your response to question No. 4:

Let's say the girl in context had applied for a visitor visa in 2004 (when we were not married) but got denied. If that is the case, could this past denial become a problem when I sponsor her for GC (i.e., after I become a US Citizen)?

Thanks!

[patty579]

I don't think it would be much of a problem.
But to be honest, I'm not sure. Maybe somebody else knows more about this?

I think I read about a similar questions a couple of months ago, here in this forum. If you like you can make a search, maybe you will find something useful.

Good luck!

[QCO1]

The denial in no way hinders the GC process but does come into play when she goes to apply for the visa again. My cousin is in a similar situation in which he married a girl from India and is still waiting for his USC. She applied for visa but was refused twice. Hopefully he is eligible to apply in for USC in Sept so their 4yr journey comes to end. Not meaning to discourage u but just stating facts. Hope this INfo helps.

Regards,

Qco1

[ps182]

Originally Posted by indianh1b

patty579, Thanks for the quick response.

I would like to seek a clarification based on your response to question No. 4:

Let's say the girl in context had applied for a visitor visa in 2004 (when we were not married) but got denied. If that is the case, could this past denial become a problem when I sponsor her for GC (i.e., after I become a US Citizen)?

Thanks!

I just want to add to Patty's reply ..

A non immigrant visa denial does not have anything to do with an Immigrant Visa approvals ( Unless there is a significant threat to national security ) . Non immigrant visas are usually denied on 214-B , or for F1's because of intent / documents .

If you intend to get a B2 , so she can live here ... hmm .... It is not the right thing to do . She could have her B2 denied .. But she could also get here if she could ger her B2 ... and then apply for AOS here .

A fiancee visa is also a great option . It is your call . but you must be a USC .

If none of these work ... Then get married in India , Apply for her AOS , and then she can come here on a GC . ( This sure takes a long time )
When you sponsor her for an Immigrant Visa , it is much faster if you apply for her AOS based on your citizenship . Good Luck ,,,,