Friend approved without FP just before marriage, What r his options to bring his wife

R

rk4gc

Registered Users (C)
Gurus,

Its one of those miracles of CSC. My friend got approved in 4 months without FP, concurrent I-140/I-485. He learned about the approval just before leaving for India for marriage :( .

Now he is wondering what are his options to bring his wife ? Please help this unlucky lucky guy.
 
I think your friend is out of luck to be able to bring his fiance immediately...

As a Permanent Resident, he may sponsor his spouse, by applying for an I-130 petition. If she is overseas she will have to wait for the I-130 petition to be approved and then wait for an immigration visa number to become available, which may take years, before her petition can be processed at the Consulate. However, if she comes to the States under a different status, she can continue to remain on that visa status (for example, H1-B, L) that until he/she applies for their I-485 petition.

Otherwise he may have to wait 5 years to be a citizen....

He should get some professional immigration counseling though to be sure that there is no other shortcut...
 
Unfortunately there is no short cut. I130 is the only way to go. Hard luck for the poor guy.

Alternatives:
1. The wife-to-be comes to the US on a different visa, H1/L1/J1 BEFORE a I130 is filed. After which I130 should be filed.
2. Postpone marriage to comprehend the ramifications of this sudden approval. Evaluate all actions such as request FP etc.

These are the sad results of out of turn random processing that INS indulges in.
 
140_takes_4ever said:
Unfortunately there is no short cut. I130 is the only way to go. Hard luck for the poor guy.

Alternatives:
1. The wife-to-be comes to the US on a different visa, H1/L1/J1 BEFORE a I130 is filed. After which I130 should be filed.
2. Postpone marriage to comprehend the ramifications of this sudden approval. Evaluate all actions such as request FP etc.

These are the sad results of out of turn random processing that INS indulges in.
Click to expand...
Yeah - the irony of the whole thing .....
Guy gets it in 4 months (WOW !! ) and that actually sucks for him ...

Shows you can *NEVER* ever plan anything if you hope that INS would do something someway.

Honestly, the only real alternative is to see if the girl can come here and then they get married here (that way her H1 visa issuance would be no problem at all).
 
max2k1,

Actually you are right, coming here and THEN getting married is a better bet than coming here on a visa. It will reduce the headache of filling out the DF156 which asks for relatives in the US.

Found it very ironic that getting the GC has been giving problems to so many people. :) I guess you cannot make all the people happy all the time.
 
Wild situation :eek: Lesson: If there is the smallest possibility to get merried before applying for I485 - do it.

140_takes_4ever said:
1. The wife-to-be comes to the US on a different visa, H1/L1/J1 BEFORE a I130 is filed. After which I130 should be filed.
Click to expand...

I think it is not possible to file I130 for a wife-to-be (you can do it only for a wife). Therefore the order is following
1. Find any possible way to get NonImmigrant visa for her.
2. Bring her here.
3. Get Merried
4. File I130.
 
Another option to explore would be to try for a student visa and try and get her enrolled in some course in some university.

Also how about getting a canadian visa, atleast you won't be 10000 miles apart for 5 years worst case and in 6 months to a year she could get PR in canada and try for US Visa.

Some alternatives, I thought.

Start a company on your own and hire her and apply for her H1 - How about that, I know it is not as simple as I told but worth considering I thought.

I am just throwing everything so that we could discuss for general good.

I have heard that with US Green Card one can work in Singapore, Is the reverse meaning a Singapore PR working in US possible.

Check out and keep posting information.

Please don't jump on me and get angry, as I said, I am just throwing idea however silly it might look just for discussion.
 
This is what my friend did.


My friend owns a company in NJ but he applied for H1 through some X company. After her H1 is approved, she applied for visa and got it then they got married. The other option he was pursuing was F1 in case H1 is rejected.

Goodluck to your friend.

JM
 
North_Star said:
F1 is not a dual intent visa. I'm not sure if she can file for immigration if she comes on F1.
Click to expand...
I don't think it would be a problem to file for immigration while having F1 (your intentions have changed by the fact of marriage - it's not a fraud at all). The only problem is that your wife have to keep a legal non-immigrant status here until her I-130 approved and AOS has started. An immigration officers will definitely ask proofs of previous legal status here.
Another problem is that the embassy may refuse to give F1 or any other Non Immigrant visa in the case if your wife is trying to obtain it after marriage since immigration intentions are very obvious in this situation.
Therefore don't get merried before you supply your future wife with a legal non-immigrant status for the next 4-5 years.
 
redneck said:
I think it is not possible to file I130 for a wife-to-be (you can do it only for a wife). Therefore the order is following
1. Find any possible way to get NonImmigrant visa for her.
2. Bring her here.
3. Get Merried
4. File I130.
Click to expand...
I thought the marriage prior to filing 130 was a given considering the fact that the thread dealt with 'wife'. Appologies if my implicit assumption wasn't explicit enough.
 
guys,

Thanks for the replies. Well it seems the best way is to bring her on some other VISA.
 
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Big brother is watching you ...

It appears USCIS is snooping on everyone and if they find marriage intent, they are immediately approving pending 485s :D

Sorry, couldn't help it ... but this shows how misguided this institution can be! They are getting away only because they are dealing with non-citizens. We really need some media coverage to show these wild cases to the general public.
 
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