GC Holder - Future Wife - Sponsor

[IndoAmerican555]

Hi,

I've got GC an year ago and my future wife is in INDIA. I know there are limited options of bringing her here. She is planning on applying for F1 or H1. I'm planning on getting married this March. After getting married, i'm going to apply for Family based visa(I-130) for her which takes 4 to 5 years. My question is can i also apply for F1 or H1 if she is eligible?.. Will they reject F1 or H1 since the family based application (i-130) is in process?... Or should i wait till F1 or H1's decision and then apply for the sponsorship.

Please suggest..

Thanks in advance

 

[TheRealCanadian]

My question is can i also apply for F1 or H1 if she is eligible?

You cannot sponsor an F1 or an H1 for her. She is unlikely to get an F-1 even if sponsored by a school, and the H1 needs to be sponsored by an employer.

 

[Jackolantern]

Will they reject F1 or H1 since the family based application (i-130) is in process?

Yes.

Or should i wait till F1 or H1's decision and then apply for the sponsorship.

Forget about the F1. That only works if she is already in the US with the F1.

But the I-130 won't harm her chances with the H1, because H1 allows dual intent. However, she needs an employer to sponsor her for the H1, and that employer must be ready to apply for it on the 1st of April, unless she and/or her future employer qualifies for an exemption that would allow applying later.