GC spouse in INDIA?

vk123

Registered Users (C)
Hi Guys,

My friend is a GC holder and is planning to get married to someone in INDIA next month. Now he is confused and not sure how to get her here.

How can he bring her to US? Is there any special visa for GC spouses. Can she come on H1B or any other visa? Please post if you know any details/information.
 
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If your friend has enough # of years to apply for citizenship then ask him to become a citizen and then get married. Otherwise F-1 is the next best (difficult) option.
 
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Re: reply

Originally posted by tr22
If your friend has enough # of years to apply for citizenship then ask him to become a citizen and then get married. Otherwise F-1 is the best option.

No consular officer in his right mind would give an F-1 to the spouse of a GC holder. Her spouse and house are in the US, on a permanent basis - if you were in her shoes, how would you plan to demonstrate your likelihood to depart the US when study is done?
 
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I have heard folks who have done stuff like not register the marriage and then get the spouse over here using F-1 and then register the marriage for a later date.
 
tr22

Isn't that fraud? A sure way of the original GC holder losing his GC and him and his new wife getting barred.
 
For some married to GC holder they will not issue F1 on the suspicion of immigrant intent. So getting F1 is very difficult.
As tru he can get citizenship it would be easy. Best bet will be H1.
 
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Yes it is fraud. That doesn't stop people from doing it. Like Tammy mentioned F-1 might be easier for certain disciplines but not for others. Another pretty difficult way is to bring the spouse (again the catch is not declaring as spouse) in business/tourist visa and then get transferred over here. Not sure if this loop hole is closed these days.
 
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A GC holder bringing in a spouse on a F1 visa is a fraud - using a vis that is not for its intended purpose. This can end up his GC being revoked and deported.
 
utterly ridiculous to say its fraud..BTW..whats not??

Anyway, I know some ppl who did this..

What would be the timeline to explain this situation?
Say the guy has a GC..cant he marry someone on F-1 here? and file for her GC..how can u prove that they got married before she even came here..provided..they dont get married legally before coming here...I think its the BEST option considering he wants to get married (which I dont think is a good option..:):) )

Try for F1..dont tell that she is already married r whatever...come here..rest will be history...Ain't nobody can revoke the GC for this..

Madhav

atleast not mine..i got married..then filed for GC together..:):)
Take it easy..lets give hope..:)
 
dont get me wrong..

i came on F1..then to h1..got married while on h1..so wife is h4..applied for GC..bla bla...stuff like that..but all i am saying is..that i know someone who did this..

i think giving statements like u will be "barred"..(I dont even know what that means)..isn't so right..

all this depends if she gets a F1..CASE CLOSED right? i know friends whoz entire family has GC...the girl didnt..and she got F1..came here..and everything's fine..in this case, its not the spouse..her dad..mom..elder brother..everyone has GC except her..I donno why..but she came on F1...

another one came here thru H4..so it is possible...

if she doesn't get F1...then no hope other than go after citizenship gets approved..:)

Madhav

I am innocent until proven guilty..rn't we all..
 
I think I will shut up now...cuz the guy/girl who started this..ain't interested anyways..:)

Madhav
 
the following link willl be hlepfull to those who want to call their spouse here in US.

pls keep pass the link and info....

http://www.foreignborn.com/visas_imm/immigrant_visas/marriage/6app_spouse.htm



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You are a U.S. citizen or legal permanent resident applying to bring your spouse to the United States to live:

As a U.S. citizen or legal permanent resident, you must file the following items with the U.S. Citizenship and Immigration Services:
Form I-130 Petition for an Alien Relative
Your birth certificate (copy), or your Certificate of Naturalization or Citizenship if you were not born in the United States
Your Permanent Resident Card (Green Card) if you are a legal permanent resident
2 Form G-325A Biographic Data Sheets (One for you and one for your spouse)
One color photo of you and one of your spouse taken within 30 days of filing (please see Form I-130 for more instructions on photos)
A copy of your marriage certificate
A copy of any divorce decrees, death certificates, or annulment decrees if you or your spouse have been previously married
At the same time, your spouse also must follow certain application procedures:

If you are a U.S. citizen and your foreign national spouse is currently inside the borders of the United States, the spouse may file the following materials with the U.S. Citizenship and Immigration Services. These application items can be submitted at the same time as your Form I-130, Petition for an Alien Relative:
Form I-485 Application to Register Permanent Residence or Adjust Status
Form G-325A Biographic Data Sheet
Form I-693 Medical Examination Sheet
Two color photos taken within 30 days (Please see Form I-485 for more instructions on photos.)
Form I-864 Affidavit of Support (completed by the sponsor)
Form I-765 Authorization for Employment (if seeking employment while case is processed)
Form I-130 Petition for an Alien Relative and all required supporting documentation, (see above)
Copy of your spouse's birth certificate
Evidence of your spouse's inspection or parole into the United States (USCIS Form I-94, Arrival-Departure Record.) For more information, please see Obtaining an Arrival-Departure Record (I-94).


Please note that there are certain eligibility requirements for using Form I-485.
In all other cases:
The USCIS will notify you when your I-130, Petition for Alien Relative is approved or denied. If it is approved, your spouse will be notified by the State Department when an immigrant visa number is available. If your spouse is outside the country, your spouse must then go to the local U.S. consulate for processing. If your spouse is legally inside the United States when a visa number becomes available, your spouse should apply to adjust to Permanent Resident Status.





Your U.S. citizen parent, or your U.S. citizen brother or sister, is applying to bring you to the United States to live. You would like to bring your spouse to live in the United States with you.

If your U.S. citizen parent is applying for permanent residence status for you on Form I-130, Petition for Alien Relative, and you are a married child of any age, your spouse and children do not require a separate visa petition. Your spouse and children will be included in the visa petition your parent is filing for you. For more information on what you parent needs to do, please see Bringing My Children to Live in the U.S.

If your U.S. citizen brother or sister is applying for permanent residence status for you on Form I-130, your spouse and children do not require a separate visa petition. Your spouse can be included in the visa petition your brother or sister is filing for you. For more information on what your brother or sister needs to do, please see Bringing My Brother or Sister to Live in the U.S.

Your parent, or brother or sister, will be notified by the USCIS when their Form I-130, Petition for Alien Relative is approved or denied. If it is approved, you and your spouse will be notified by the State Department when an immigrant visa number is available. If you are outside the country, you then must go to the local U.S. consulate for processing. If you are legally inside the United States when a visa number becomes available, you should apply to adjust to permanent resident status.





You were married before you became a legal permanent resident, and your spouse did not physically accompany you to the United States. You would now like your spouse to join you in the United States.

If you were married before you became a legal permanent resident, your spouse may be eligible for following-to-join benefits. This means that you would not have to submit a separate Form I-130 (Petition for Alien Relative) for your spouse, and your spouse would not have to wait any extra time for an immigrant visa number to become available. In this case, you can simply notify a U.S. consulate that your status has been adjusted to legal permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits in the following cases if your relationship still exists:

You received a diversity immigrant visa
You received an employment immigrant visa
You received an immigrant visa based on your relationship with your brother or sister
You received an immigrant visa based on your relationship with your parents when you were already married

If you fall into these categories, submit the following information to the U.S. Citizenship and Immigration Services (USCIS):

Form I-824 Application for Action on an Approved Application or Petition
A copy of the original application or petition that was used to apply for your immigrant status
A copy of the I-797 Notice of Action for your original application or petition

If the I-824 is approved, USCIS will notify a U.S. consulate that your status has been adjusted to that of a lawful permanent resident so that your spouse can apply for an immigrant visa. You must then ask your spouse to report to the local U.S. consulate to complete the processing.



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Good Luck
 
Originally posted by Mad Par
dont get me wrong..

i came on F1..then to h1..got married while on h1..so wife is h4..applied for GC..bla bla...stuff like that..but all i am saying is..that i know someone who did this..

i think giving statements like u will be "barred"..(I dont even know what that means)..isn't so right..

all this depends if she gets a F1..CASE CLOSED right? i know friends whoz entire family has GC...the girl didnt..and she got F1..came here..and everything's fine..in this case, its not the spouse..her dad..mom..elder brother..everyone has GC except her..I donno why..but she came on F1...

another one came here thru H4..so it is possible...

if she doesn't get F1...then no hope other than go after citizenship gets approved..:)

Madhav

I am innocent until proven guilty..rn't we all..

Mad Par, the issue is coming on F1 and than marrying a GC holder. Coming on H1/H4 is not a problem as they are dual intent, while F1 is pure non-immigrant status. Regarding your friend, I would be very interested if you can verify that she disclosed on her application form that her whole family was in US when she applied for her F1. I would be very very surprised if they gave her F1 if she had disclosed all the material facts of the case.

Regarding, how USCIS can prove fraud, if somebody comes here on F1 at say, Florida and than marries a guy living in California in a month, it does not take an Einstein to see fraud. Believe me, that is extremely suspicious behavior when they adjudicate her 485. Even if somebody want to do that, the best thing is to come to the same city and wait for a reasonable period so that there are no allegations of fraud.
 
Mad Par

I wasn't trying to be sanctimonious when I pointed out that a particular course of actions could be fraudulent, and I suspect 'leahwang' wasn't either when he/she wrote a similar reply. I was merely trying to help someone who had asked a question by commenting on the advice that someone else had given.

However, I am surprised that people in this forum are willing to suggest or support actions which sail very close to the law. The vast majority of people here are, or until recently have been, victims of the total mess that is the US immigration system. However, we have all waited as patiently as we can knowing that our cases will almost certainly get approved ultimately. Everyone should appreciate that an increse in fraudulent cases will only make the wait longer and the process more arduous since tighter controls and more checks will be put in place. Put simply, if you are happy to advocate fraud, then fine, but don't complain here when your case is delayed by more background checks, RFEs, transfer for interview etc.
 
Sorry Guys -- I was trying to point out this is only one of possible way of doing this. I was just passing information. I do not support doing this . A better suggestion is to do after you become a citizen -- which will atleast take about 6 years after the GC (5 years after GC + about 1 year(?) for the citizenship)
 
Thanks All

He is kind of thinking of getting F1 Or H1 before actually getting married. Once both are here then they will go back to India and get married. This is the current plan to cover legal status issues and avoid "fraud".

Thanks to all for your input.

Regards, VK
 
Good..get f1 or h1 first..then get married and apply for change of status..I think thats what I said...

my friend did say that her parents have Gcs r whatever..when she went for F1 and the other for H1...for some reason..they never denied those visas...i told her infact not to try and hide stuff cuz they might always know..anyway...all i am saying it is possible...

as far as finding out in a month..florida..california situation..i donno abt that...it might trigger an interview..but see...u come here to work/study..u find someone here..u go back home..get married....come back apply for change of status..how is that not legal..it is still legal if u drop out of school..or u r thrown out of work..ur AOS still holds u dearly..

r u suggesting that doing this with prior knowledge is fraud..and doing this without prior knowledge isn't..anyway...

sorry if i offended anyone...i am trying to show that it is POSSIBLE..eventually, did the person chose f1/h1 or try not to get married? :)

Madhav
 
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