Applying for GC, fiancee on F-1

A

arun515

New Member
Hi,

I am from India currently working on H-1B visa in a US company. My company has agreed to apply GC for me and has asked me to send documents so that they can start the GC process. My fiancee is currently on F-1 (student) visa and she is graduating in August 2008. We are planning to get married in December 2008. My questions are:

[1] Should I get married (ex: in the next month) before I start my green card process? I guess this would be the PERM stage. That way, I can include my spouse's name in the green card process.

Any suggestions are welcome. I went through the FAQs before posting this message but could not find an exact answer to my question.

Thanks,
Arun
 
Get married right away. You future will should get an H4, and then both of you will be able to stay without an "immigrant intent" issues. If you are from India, it will probably take you 3-10 years until you can file I-485, keep that in mind (except if you are EB1).
 
I have no experience with PERM. But in the original Labor certification process the spouse's name was not included. If my understanding is correct, and I believe it is, PERM is similar in that aspect. Your wife's name does not get included in the first or the second (I-140) stage of the process.

So, you should go ahead and start the process. During the 3rd stage, you can include your wife's name and you should be all set.

It does not matter that your fiancee is on F1 at this point.
 
The spouse's name is not mentioned on the PERM petition anywhere. The spouse is mentioned on the I-140 petition, but no documentation is required for him/her. The spouse files a derivative petition only at the I-485 level.
 
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