Am a Green Card holder. Need to apply for my spouse's GC (who is in India). Please help...

magicbroom

New Member
Thanks a lot for reading my post. I am a green card holder. I will not qualify for citizenship until 2016. However, I would like to marry someone from my own country, India who is in India. I know that I can apply for her Green Card after our wedding. And until her GC is approved (AP issued?), she has to keep waiting in India – which can be two and half years from the time of application (as per current rates of processing). Therefore, I am exploring options that can help us stay together for as long as possible. In that regard, can you help answer the following questions?

1) Can she apply for a tourist visa (or other independent visa) and come here? While in US, can we get married and apply for her GC here? When her GC is pending, will she then have to go back to India when the date on her I-94 is due? Or can she stay on based on the current status of being married to me?
2) If she has to go back to India, can she come back to visit US while her GC is pending here OR, as soon as her GC is applied here, is her tourist visa automatically revoked?
3) Does she need someone to sponsor her tourist (B1) visa from US? Or can she apply for a tourist visa independently and then come here (with of course additional risk of being denied since she is young).
4) What is the difference between F2A and FX1 visa categories? Are all applicants from India (and China, Mexico, Philippines) automatically slotted into the F2A category?
5) If the immigration bill becomes law and her visa number is current, at what stage might she be able to come to US?

I know that if the immigration bill is passed a lot of this heartburn may not occur. But since it looks like the House may not pass anything soon, I am thinking of alternatives within the existing system.

Best wishes and thanks a lot for your help and advice in advance. Your help is truly appreciated.
 
1. She can try, but the visa application asks about spouse/fiance in the US. If she mentions you, they may reject the visa on that basis. But if she doesn't mention you and then uses the visa to enter the US and marry you, her green card may be rejected for fraud. She cannot stay in the US for the 2.5 year wait with a tourist visa; she'll have to leave by the expiration date of the I-94.

2. She can try to visit after you marry, but if they know about the marriage (which they will once you file the I-130) they may refuse entry.

3. No. She can and should apply independently of anybody who is in the US.

4. What is FX1? F2A is for spouses and under-21 unmarried children of green card holders, regardless of country. The separation of India/China/Mexico/Philippines is for the different cutoff dates within the category.

5. You mean come to the US as an immigrant? That would be after completing the interview and being approved at the consulate.
 
1. She can try, but the visa application asks about spouse/fiance in the US. If she mentions you, they may reject the visa on that basis. But if she doesn't mention you and then uses the visa to enter the US and marry you, her green card may be rejected for fraud. She cannot stay in the US for the 2.5 year wait with a tourist visa; she'll have to leave by the expiration date of the I-94.

2. She can try to visit after you marry, but if they know about the marriage (which they will once you file the I-130) they may refuse entry.

3. No. She can and should apply independently of anybody who is in the US.

4. What is FX1? F2A is for spouses and under-21 unmarried children of green card holders, regardless of country. The separation of India/China/Mexico/Philippines is for the different cutoff dates within the category.

5. You mean come to the US as an immigrant? That would be after completing the interview and being approved at the consulate.


Thanks a lot Jack for your kind information. I thought similarly, but wanted confirmations.. thanks a lot!
 
F2A Visa Category current now. Applied I-130 for wife when she was on B1 visa. Can i file I-485?

I am a GC holder and i got married in 2012 Dec. My wife accompanied me on Visitor visa and after few months i filed for her I-130. She went back to India in May 2013. Now her visa category (F2A) is current and she is back in the country (USA) on 13th July, 2013. Can i file her I-485 now or do i need to wait fro 60+ days to file it?
 
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