F1 to greencard(Thru Marriage)...need Help and Suggestion...Please!!!!

[kjg1827]

Hi,

I am in USA on an F1 visa....and my fiancé is a RN Nurse and is presently in Kuwait...her I-140 has been approved and its time for her to file her DS 230 forms....

I assume that it’s at this point of the application where the papers of the husband or kids…. accompanying her to the states should be filed along with her…..

What is the best option for us now? ....I would be filing for an H1 in April 2009 probably....

Is it apt for me to go to India and get our marriage registered and file my papers along with hers??

We cannot get married ceremoniously now.....

What are my best options of getting a green card through her????

How much more time would it take for her to get a counsulate call???


Eagerly waiting for a reply.....

Regards,
KJG

 

[austriacus]

Hi kjg1827,

after you get married, you can get a GC as a derivative beneficiary of your wife's employment based GC. You can probably get more help in the EB section of this forum; your GC will not be a family based petition.

You have to be married before your wife's GC is approved, otherwise she indeed needs to file a family based petition for you, and it will take some 5-6 years for your priority date to come current.

If you're not ready to get married, of course you could consider waiting until after her GC is approved, she'd file a petition for you and you'd be working in H-1B status until your PD comes current (or until your fiancee/wife is a citizen and then a visa number will be immediately available to you).

Since you're already here, I'm assuming you'll apply for AOS in the US after you're married. However, going to India to get married might not be a good option because if you go and come back with the intent to apply for AOS, you can't use your F-1 visa because you have immigrant intent. Of course, you could also go back and go through consular processing together with her, but you'd be out of the country for the time it takes the visa to be approved. Is there any way she can come here on a tourist visa, and you get married in the US, she goes back and goes through CP, and then you apply for AOS in the US?

The other thing you should find out is if your wife's priority date is current. I know RN's had special treatment for visa availability some time ago but I think this is changing. Does your wife's employer have a lawyer that you can contact and advise you on this?

 

[kjg1827]

Any more suggestions please......

Thank You austriacus.

What is EB....Can anyone tell me ...

And cant i go to India and register our marriage and then file my papers with her.......i come back and continue my status.....and
when she gets a interview call ...go and attend the interview with her....I am sorry if i sound foolish...
I do not know how this stuff works...

Can anyone guide me......