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Marriage after getting Green Card

Discussion in 'Life After The Green Card' started by MTSC, Jan 15, 2003.

  1. MTSC

    MTSC Registered Users (C)


    I have my green card. I am getting married soon and the girl is in India. I would like to know about all the possible ways to bring her to the US.

    1. Can you please let me know the various options Do I have and also please give your suggestions in this regard?

    2. Does the H1-B visa will be given to the spouse (I mean after marriage) of a green card holder?

    I appreciate for your help.

  2. JavedG

    JavedG Registered Users (C)

    I don't know if its legal or not but a friend of mine who had GC got married to a girl in India, brought her here in the U.S on a visit visa and then applied for her family-based GC. Her visit visa was for 5 years. She did however have to make frequent visits back home until she became a permanant resident of the U.S because visiters visas permit no more than 6-month stay. I am not sure if she ever applied for visit visa extention. This might be another option.
    Last edited by a moderator: Jan 15, 2003
  3. JavedG

    JavedG Registered Users (C)

    Re: Re: Marriage after getting Green Card

    I guess its obvious from JoeF's comment above that what I said in my previous post would be something illegal to do. Because, technically you cannot use visit visa with an intention of becoming a permanant resident in the future. The application for a PR may even get denied.

    Wait a minute though. How would one prove that when she applied for visit visa, she really had immigration intent. What if she came on visit visa and then got married to a GC holder?
  4. rjo1

    rjo1 Registered Users (C)

    Spouse got H1B

    After a year, my spouse has secured an H1B. Though she did not want to work after marriage, she has to.

    That aside, when she goes for the stamping, in the DS 156 form, it says on Q 11 and Q 35:

    Marital Status.
    Is someone related to you in the US or is LPR or US Citizen.

    We have to give the facts. That her spouse is a LPR and that she is married.

    Will that raise a doubt? The fact that her husband is a LPR and she wants to be with him, she has got an H1B to get to the US, or something like that?

    I am aware that H1B allows dual intent, but am still curious on what ''questions" can comeup if she says:
    1) Married.
    2). Husband is LPR.
    3). She got an H1B.

  5. PhoenixGS

    PhoenixGS New Member

    V Visa could be an option

    One of our friends who is a GC holder got married and was not able to bring his wife for 4 years as he applied for her GC.
    Now I think theres an option of V Visa which is given for 10 years. They can get EAD after coming here and also process their GC.

    Please check for more info.
  6. jlancelot

    jlancelot New Member

    There will be substatial delays

    If the marriage occurs after the green card is approved, there is then a substantial wait before immigration benefits can be conferred to the spouse. In this event, the new spouse is a family-based (FB) preference relative, falling within category FB 2A. The permanent resident spouse must file an I-130 petition for the foreign national spouse and wait for the priority date to become current to apply for the immigrant visa or adjustment of status. The waiting time for priority date availability in FB 2A has historically been from five to seven years. This continues to be the case, as of October 2003. Therefore, there is an enormous difference between marriage before the I-485 is approved and marriage after its approval for employment-based applicants for the green card.

    With respect to marriage timing, one situation we see with alarming frequency is that in which an individual goes abroad to marry while the green card case is pending. S/He is married and returns to the U.S. shortly thereafter to resume his/her job and get things ready for the new spouse. The new spouse remains behind to wrap up personal matters before coming to the U.S. The primary spouse goes through the mail that accumulated during his or her absence and finds an I-485 approval notice that pre-dates the wedding. At that point, there is a serious problem. We urge people to plan ahead to avoid this situation. Of course marriage arrangements and timing are no simple matter, but things must be done well in advance of the date when a decision on the I-485 application is imminent. Given the slow pace of I-485 adjudications, this should be a manageable priority. However, one should not just rely on slow adjudications on the I-485s. A particular service center could always speed up the processing of these cases if they make I-485s a priority
  7. Jackolantern

    Jackolantern Registered Users (C)

    Why are you replying to an 8-year old thread?
  8. hindiB

    hindiB Registered Users (C)

    As far as I know, you can bring your wife with you. It depends upon the state. If she can't go with you, then, petition her. You don't have to worry much.
  9. TorrentAmrit

    TorrentAmrit New Member

    Just filed my 140 and about to get married.


    I'm working here in US on H1B and I already have my Labor approved.

    I've just filed my I-140 and I'm getting married in like 1 year with an Indian girl.
    would you suggest that I get married and then file 485 and not before that.?
    I'm in a big confusion. Please suggest.

    Thank you
  10. gunt

    gunt Registered Users (C)

    Get married BEFORE you file I-485. If you marry before I-485 then your new wife will get green card same time as you. If you marry after I-485, then your wife will have to wait 5 years until you are citizen until she can apply for green card.
  11. Jackolantern

    Jackolantern Registered Users (C)

    Marry her and bring her to the US with an H4 visa before filing the I-485. Then you can file I-485 for yourself and her, and both of you will get green cards at about the same time. Otherwise if you marry her after green card approval she'll have to wait about 3 years to a green card (gunt said she'll have to wait until you become a citizen, but that's not true; spouses of green card holders can immigrate in category F2A which has a wait of about 3 years).

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