2 Yrs HRR and what next?

[AhJ1]

I and my fiance' weighing couple of options after she was denied for J1 visa endorsement. My suggestion is that she should finish 2 yr HRR and in next few months I will marry her by visiting back home. Since I'm a GC holder I will visit her after every 3-4 months for a few days. By the end of next year i.e. 2007 she will finish 2 yr HRR and I would apply for my own citizenship in August next year. I'm guessing that I will get citizenship by early 2008 and then I could sponsor her for a GC. Now my questions to all you gurus are

1) Is it possible she could come to US by end of next year as soon as 730 days lapsed on H1 visa for a new job.

2) If yes, then it means she starts on H1 and soon after I become citizen I would apply her GC and once its done she would be free to go any other job if she doesn't like the H-1 position.

3) What if we have a kid before she gets H1 by end of next year. Will it be a problem declaring marriage on D-156 forms about a husband and his legal status as a GC holder? Also, I'm assuming that she and the prospective kid will get GC at the same time.

Any other suggestions ?

It is difficult to push back our families and ask to wait for marriage until she come back to USA by end of next year on H1 visa.

Thanks in advance!!!!

 

[hadron]

> 1) Is it possible she could come to US by end of next year as soon as
> 730 days lapsed on H1 visa for a new job.

Once the 2 years are up, she is free to apply for a green-card an H1b or a L1 visa.

> 2) If yes, then it means she starts on H1 and soon after I become citizen
> I would apply her GC and once its done she would be free to go any other
> job if she doesn't like the H-1 position.

This is correct.

> 3) What if we have a kid before she gets H1 by end of next year. Will
> it be a problem declaring marriage on D-156 forms about a husband
> and his legal status as a GC holder? Also, I'm assuming that she and
> the prospective kid will get GC at the same time.

Marriage to a green-card holder CAN make you ineligible for F1, J1, B1/B2 and other strictly 'non-immigrant' visas. For a H1b visa this should not be an issue as it is a 'dual intent' visa allowing the applicant to harbor immigration intent.

As for your kid: If you can get her into the country for the delivery of the kid (e.g. on a visitors visa), the kid is a citizen and doesn't have to worry about greencards and the like. The time she spends in the US on a visitors visa would be added on to the 2 years.