b-1 visa marryin a GC

J

jcg

New Member
hi,
I am a permanent resident of US for about 10yrs now. I finished my high school in US and came to India to do my Bachelors. I wil b finishin my bachelors by Oct, 2009. I have come out of US for 6mths 1-2times. so I don think I am eligible to aply for citizenship at present. Now I plan to marry a girl who is an INdian citizen but has a B-1 Visa. Now wat are my options for her to stay in US? I 'l b marryin her next year June. So inorder for her to stay in US and also work wat can be done? Since applyin for GC for her takes 5-6yrs wat can be done for her to be with me in USA and atleast have a work permit or so.. because she has her B-1 for 10yrs she can go out of the country every 6mths but it will cause probs for her at the immigration on her return... so someone please tell me my options and wat can be done? And how much longer do i have to wait in order to apply for citizenship?? pls reply soon
 
Until you get citizenship (or wait 5-6 years for the GC spouse category to become current), you can't sponsor her to stay in the US. She would have to qualify for another visa on her own merit, like F1 or H1. But if she marries you first, they probably won't give her the F1 once they know she has married you because of the nonimmigrant intent requirement (which is not an issue for H1).

When were your long trips and what was the exact length of them? They don't necessarily disqualify you from citizenship. You could stop studying now, stay in the US for a few months, then apply for citizenship. Hopefully you would get citizenship by the end of next year, and then file for her so she can move to the US in 2010.

But if you continue to study outside the US, that is going to delay your citizenship even longer. They are often very forgiving of time spent outside the US to study, but they won't approve you if you are still studying abroad during the naturalization process.
 
I have stayed upto 8mths-1yr at a stretch once... all other trips have been within 6mths itself... I hav another question... lets say I file for GC for her and she has a B1 visa at tat time will tat B1 get cancelled or somethin bcause I have filled for her?? or is it goin to be still present for 10yrs which is its valididty period....
 
When she arrives at the port of entry, if they notice in their system that a GC was filed for her they will most probably send her back.

If they don't notice her pending GC and so they let her in, and then she stays in the US instead of going back before the I-94 expires, they will deny the GC on the basis of misrepresentation of intent at the port of entry (i.e. she violated the nonimmigrant intent requirement of the visa).

Unless she can qualify for a long-term visa like an H1, you have to stop studying and focus on getting citizenship ASAP if you don't want to wait 5-7 years to bring her to the US.
 
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