GC for a Nurse (Husband is a GC holder)

[kansar]

Hello all,

The following message is from my friend as she is seeking some ones help in the following matter.
I posted the same Q in links associated to Nurses but i donno whether i get any reply so i'm posting the same again here .

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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,

 

[CSHANKY]

Proceed with caution !

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.

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 !

 

[kansar]

Thank you CSHANKY for your information on this matter.
I will fwd this message to my friend and I heard from her recently that the recruitment hospital is going to apply for a new I140 so I don't think she will go now for B2 visa .

Thaks again,

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.

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 !