B2 for a Nurse(Spouse of a Green card holder)

K

kansar

Registered Users (C)
Hello all,

I'm new to this thread and need someones help in the following matter.

I'm a Nurse from India and my spouse is a GC holder in USA and I have tried to apply for a GC thru some company but the I140 is pending for more than an year and I'm sure that it won't come in near time.They are having some problems with the company financials.
So I tried to apply for another I140 thru another hospital but now they are saying I can come on b2 and later apply for adjustment of status.
Is this possible??? since i'm spouse of a GC holder??
Please let me know as i don't have much time ..I need to reply them ASAP otherwise I will loose the offer..I'm really in great pain socially/mentally as i couldn't join my husband

Thanks in advance,
 
kansar said:
Hello all,

I'm new to this thread and need someones help in the following matter.

I'm a Nurse from India and my spouse is a GC holder in USA and I have tried to apply for a GC thru some company but the I140 is pending for more than an year and I'm sure that it won't come in near time.They are having some problems with the company financials.
So I tried to apply for another I140 thru another hospital but now they are saying I can come on b2 and later apply for adjustment of status.
Is this possible??? since i'm spouse of a GC holder??
Please let me know as i don't have much time ..I need to reply them ASAP otherwise I will loose the offer..I'm really in great pain socially/mentally as i couldn't join my husband

What is the heck? Go and apply B visa , worst come worst they are going to reject it. If you are lucky, join with your spouse. But never ever tell lies in the visa application form that your spouse is not in US.Thanks in advance,
Click to expand...
 
B2 For Nurse

It would be considered a fraud if you intend to apply for AOS when you entered as a visitor. I want to believe you have your Visascreen already, otherwise people usally come to do NCLEX on B1/B2 and if all goes well apply for, I- 140/485/131/765. I am sorry to hear your 140 has been delayed that long. I personally prefer the consular route though it may be stressfull but once you are done it's all over. You can have concurrent filling done while on B2 but you must justify that you did not have a hidden agenda. You can start working earlier than the consular route.
There is the un proven 90 days rule usually adviced by attorneys, so seek good immigration lawyer help
Look around for a reliable hospital/recruitment agency that has a good track record for 140 approvals. Please read all contract papers carefully.
 
Be careful...

Hi ! There are a few complications that you should be aware of. Since you have an I-140 filed, you have a proven immigrant intent. Hence, when you apply for a B1/2 visa, you will have to disclose this information, in the form - in which case, it is highly unlikely you will be issued a B1/2 visa. Also, the fact that your spouse is a GC holder is another problem to get a B1/2 visa.

Not disclosing this information could be construed as a fraud and one can be permanently disbarred from any visa, whenever such a thing is discovered.

Say, you manage to get the B1/2 visa, by not disclosing or consul oversight, when it is time for you to adjust status (I-485), this fact will be uncovered. The I-485 adjustment status begins with the scrutiny of your last visa status. At that time your I-485 could be denied.

I am not an attorney - my advise to you would be to consult with a good attorney before proceeding forward. As such you are suffering due to separation from your spouse - do not jeopardize the situation and consult with the experts who understand and can hand-hold you through the process.

Good luck !
 
Thank you all for your valuable replies..
Actually i contacted the recruitment agencies again and now they are ready to apply new I140 on behalf of me..so I'm keeping my fingers crossed this time.Hope I will get thru this fast this time..

Thanks,
 
question

why did your spouse not add you before when he applied for greencard?

was he already a greencard holder when you married him? :)





I'm new to this thread and need someones help in the following matter.

I'm a Nurse from India and my spouse is a GC holder in USA and I have tried to apply for a GC thru some company but the I140 is pending for more than an year and I'm sure that it won't come in near time.They are having some problems with the company financials.
So I tried to apply for another I140 thru another hospital but now they are saying I can come on b2 and later apply for adjustment of status.
Is this possible??? since i'm spouse of a GC holder??
Please let me know as i don't have much time ..I need to reply them ASAP otherwise I will loose the offer..I'm really in great pain socially/mentally as i couldn't join my husband

Thanks in advance,[/QUOTE]
 
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