Bringing fiancee of a GC holder

[gpaul]

Hi,

I am a Green Card holder based in LA. My fiancée is in Bangalore, India and has a Business Visa for 10 years. We are wanting to get married in India in June this year. I understand that it takes a lot of time (4, 5 years) if I were to process a green card for her as my dependant. Therefore, I seek your advice on how to go about getting her to the US (after we are married) and at the earliest.

1. Can she fly back to the US with me in June after our marriage on her Business Visa and then apply for a change of status?

2. If we process a H1 for her now, can we complete formalities before June and then get married as planned? What are your thoughts?

3. Can we file a L1 visa for her, after our marriage in September? Do you foresee any concerns?

What are my valid options and what is the best way for her to join me by June 2007?

Please do let me know at your earliest possible convenience. Thanking you in advance.

With Best Regards,
Gpaul

 

[dr_lha]

1. Can she fly back to the US with me in June after our marriage on her Business Visa and then apply for a change of status?

She cannot apply for Adjustment of Status until there is an approved I-130. Given the priority dates currently, this will be many years.

2. If we process a H1 for her now, can we complete formalities before June and then get married as planned? What are your thoughts?

Sure, an H-1B is an dual intent visa. Getting an H-1B is going to be the problem.

3. Can we file a L1 visa for her, after our marriage in September? Do you foresee any concerns?

Again L-1 is dual intent, you are allowed to have immigration intent on it.

What are my valid options and what is the best way for her to join me by June 2007?

Basically H-1B or L-1 are good options, assuming you can find a business that will sponsor her for such a visa.

 

[LucyMO]

She cannot apply for Adjustment of Status until there is an approved I-130. Given the priority dates currently, this will be many years.

not so much the approved I-130 as the available visa number. I-130 can be approved in a year or so, but the visa number will not be available for about 5 years or until you become a citizen.

 

[dr_lha]

OK. As I've never dealth with priority dates I assumed the I-130 wasn't approved until the priority date came up. Regardless, the outcome is the same: a long wait.