Gurus - Clarification and Help Requested

[helper100]

Friends,

I am a Green Card and am heading back to my home country in
December. I may get engaged/married on this trip. I understand that if the girl I get married is in India bringing her here can be a problem in terms of legal status, here is what I am doing and please advise if this is correct to do?

1] I am looking for a school for her close by where she can study and come on a F-1 visa. Is it legal to do this?

2] A consulting company I know is willing to do her H-1B as a favor (close friends) on priority basis and that can bring her here to USA. How long can she stay on that H-1B legally (without being on their payroll) in this case?

3] Once she comes to USA on F-1/H-1 can filing for her Canadian Residency (which I guess comes in 6 months) help in anyway for her stay legally in USA.

4] If the girl has a tourist or business visa already for USA, will that help in any way?

5] If I sponsor her, how much time is it taking these days in California?

6] Do I have a right to sue INS/US Govt for human right violations for making such laws which keep husband and women separate? Is anybody aware of any such legal citations in the past?

Any help and guidance will be truly appreciated?

Thanks

[VivaLasVegas]

Hi Helper,

Here are the answers to your questions.

1] I am looking for a school for her close by where she can study and come on a F-1 visa. Is it legal to do this?

she can come on an F-1 student visa that isnt a problem at all.

2] A consulting company I know is willing to do her H-1B as a favor (close friends) on priority basis and that can bring her here to USA. How long can she stay on that H-1B legally (without being on their payroll) in this case?

That would be a violation of the law. An H-1B visa holder is considered to be in status only when he is legally employed. (without payroll) generally would consider your spouse to be out of status.

3] Once she comes to USA on F-1/H-1 can filing for her Canadian Residency (which I guess comes in 6 months) help in anyway for her stay legally in USA.

Canadian residency has nothing to do with her legal presence in the United States. The congress has changed laws about Canadian immigration.

4] If the girl has a tourist or business visa already for USA, will that help in any way?

With a business or a tourist visa she can come visit you for a period of 6 months and may be apply for another 6 month extension. Note: that the Immigration Officer could refuse entry on the fact that her husband is already in the U.S. and she can be considered a potential immigrant.

5] If I sponsor her, how much time is it taking these days in California?

You can sponcer her but it takes arround 4-6 years in the F2A / F4 category for her visa number to become current. (note: that if you file an immigrant petition for her she cannot enter the us on any other visa)

6] Do I have a right to sue INS/US Govt for human right violations for making such laws which keep husband and women separate? Is anybody aware of any such legal citations in the past?

The INS / US Govt has passed laws recently to help those people who were in this immigration delay. Preference for an immediate visa is given to spouses of petitioning US Citizens.

How long do you have to wait to get your citizenship?? That could be an option you can available at a later stage.

Feel free to ask us any more questions.

Hope this helps.

Sachin