Bring a spouse of an LPR to US

#1
I am Indonesian. I got my Permanent Resident since June 2006. I'm planning to get married next year with my girlfriend who lives in Indonesia.

The questions are:
- What is the best and fastest way to bring her to live and work in US legally? Using F-1 or H-1?
- I know I can apply petition for her using form I-130. Should I file I-485 together with the I-130?
- How long will she wait for I-130 to be approved?
- Can she come and live in US while she waits for the approval?
- Does V-1 visa still exist?
- Assuming I'm gonna be a US citizen in 2011, will the visa number available for her right away after I become citizen? How long will it take for her to get her Permanent Residency?

Notes: she graduated from Oklahoma State Univ. 3 years ago. She had to go home because her OPT was expired.

Please give some input/ideas how I should bring her to US legally while I'm waiting for another 3 years to apply my citizenship.

Thank you for your response
 

nscagony

Registered Users (C)
#2
If you get married she will have a very hard time to get F-1. H-1 is no problem.

You can't file I-485 for 5 years or so after the I-130 was approved since no visa numbers are available. She can't wait in the US during this time.

Once you become a citizen the numerical restriction goes away.

You had to file for I-130 before 2000 to be eligible for a V-1 visa.
 
#4
Thank you "nscagony" for your reply. What do you mean by "Once you become a citizen the numerical restriction goes away."? Does it mean when I become citizen, her visa number would be available immediately regardless the 5-years waiting period for I-130 approval?

What's the waiting time period of:
- applying US citizenship to become citizen?
- spouse's adjustment of status (I-485) from the day I become a citizen?

Thank yo so much
 

TheRealCanadian

Volunteer Moderator
#5
Does it mean when I become citizen, her visa number would be available immediately regardless the 5-years waiting period for I-130 approval?
There is no "5 year waiting period" in the law; it's just that since the category is oversubcribed, it takes around 5 years for a visa number to become available. Once you become a citizen she becomes an immediate relative which has an unlimited number of visa numbers.

It'll take 9-18 months to become a citizen, and then another few months for her to adjust status or do CP.
 
#6
Thanks "Triple Citizen" for your answer. Can a company still sponsor her H-1B visa after her absence in US since she graduated 3 years ago?

For L-1 A/B visa, what are the requirements or criteria to apply this? How long is the wait time?

Thanks so much

In my opinion, only H-1B and L-1A/B visas are candidate choices for your significant other.
 

nscagony

Registered Users (C)
#7
As long she is qualified and an employer sponsors her she can get H1B, but getting past the quota is a problem, especially if she doesn't have a US MS degree. For L1 she must have been working for a foreign company for a while and that company transfers her to the US. There is also O-1, if she has a PhD or similar extraordinary abilities.
 
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