All, need some advice...

K

kobayashi

Registered Users (C)
RD 05/07, ND 07/09, FP done 10/31 ...I\'m hoping my approval will come within a month or so. Hypothetically, if I was to marry in the next 3 to 6 months and wife was in India, what are my options?? I still have valid H-1 B visa but company is not in good shape and I could be layed off in the next few months.

Any advice on how wife can come to the US? Suppose I get approval and passport stamped (but no card) then what happens? Other options?
TIA/.
 
get married NOW!

Your are heading for serious trouble my friend!

As long as your are on H1 you can bring your wife in the US on a H4.

Your wife can get her green card as a "derivative benificiary" if you
fill her I-485 BEFORE your I-485 get approuved OR you can fill for
"follow to join" at the US consulate in India after your I-485 get approuved.In the two cases, you have to be married BEFORE your I-485 get approuved.If you get married AFTER your I-485 is approuved you are in deep trouble.

1) You loose your H1-b status the day your I-485 is approuved, this
mean that your wife will not be able to get a H-4

2) Your wife can\'t be a "derivative benificiary" or neither can she
be benefit from the "follow to join" process if your marriage happen
after your I-485 get approuve!

3) You can still get your wife to immigrate (join you permanently) in the US if you get married after your I-485 is approuved, but the process is quite long. You can use a family base immigration petition, for India born I think the processing time is between 4-6 Years.

So if you are serious about this girl in India, you might consider travelling to India and get married NOW or withdraw your I-485 petition (in order to fill it latter on, after your marriage)

Beleive me my friend, I just got married a few weeks ago because of these reasons.

Roger Cadoret
 
One more thing...

The "plastic card" is not important, legaly speaking you become a US permanent resident (i.e. immigrant) the day your I-485 get approuved (the date that will be printed on your I-485 approuval receipt).

The passport stamping and the "plastic green card" are nothing but paper form that confirm the I-485 approuval date (as a mather of fact your "green card" will have your I-485 approuval date printed on it.

So remember, for the INS your H1-b becomes obsolete the day your I-485 is approuved.

Roger Cadoret
 
Thanks Roger, one follow-up question..

I guess it\'s possible that before marriage (or maybe even after), \'wife\' gets an F-1 on her own to study in the US. Once she is here, she files for residency based on marriage.

Thoughts, comments?? Thanks much.
 
do not know

I do not know if she can fill for fammily base immigration (i.e residency base on marriage) while she is on a F-1. But even if she
is able to file for fammily base immigration, the processing time will still be 4-6 years. And it may be difficult for her even to get a tourist visa, the INS may not like the idea that the husband is a US permanent resident and that the wife will only supose to be visitting for a few weeks...

You should really consult a immigration lawer. Do not rely only on information that you read on the net, it may be
wrong. The $300 for a consultation with a professional is really money well spent. Better to find out if your future wife will be able to join you before you get married.

Roger
 
fiancee visa

After getting green card - Can u find out if the fiancee visa applies to Green card holders or only to citizens

Maybe this is the answer to ur problem

if u decide to get married after adjudication and try the family based immigration u r in deep trouble because it takes 3 - 4 yrs

You have to get her here on tourist visa and then marry here
or try the fiancee visa

but there is a section in this web site which deals with
"after green card " maybe u could read the archives or current messages to get a feel of things
 
So can fiancee come here on Tourist visa/F-1 visa...

get married in a month or so after coming here and then apply for residency based on my green card. I guess she\'ll be legal even if the family based immigration takes 3-4 yrs.

Any comments/experiences/thoughts?? Thanks a bunch!!!
 
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