Getting married in 2011, questions on bringing wife to the US

A

ahzzz

Registered Users (C)
I read a lot of the posts in this forum and I feel like I am learning a great deal.
I'm posting my scenario to see if anybody has comments/suggestions.

Currently I'm NOT a GC holder yet but my PD will come some time early next year (2011).

I have a gf who's not in the US, and she has 10-year tourist visa as she visited me before.

We plan on getting married some time next year and of course, I want her here asap with me.

The questions I have is:
- should we get married before I get my GC, or after? does it matter?
- say we're married and I apply for her stay, does she have to be away while waiting for the PD to become current? can she use her tourist visa to stay with me during the application?

Thanks in advance~~!!
 
Does my current status matter? I thought there are only 2 different status: Citizen and Perm resident.

ahzzz said:
Currently I am in queue for GC with EB3, waiting for PD to get current.
I've on H-1b extension after my 6-year H-1b maxed out.
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Ah I see.

If I wait until after I get my GC, then she has to stay in home country and wait for a Family-2A to become current before she can come stay with me (at least 5 months at current rate), that's my understanding, am I correct?

So if I marry her THEN I get my GC, she can still stay while all my paperwork/procedures are being worked on. Is that true?

Thanks again!

Triple Citizen said:
Marry her before. It does not matter which country you get married in.
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Marry before GC, then she would be eligible for H4 and a derivative green card based on your employment green card.

However, she cannot file I-485 before your PD becomes current, and she cannot file I-485 after your green card is approved, because she would have lost H4 status upon your approval. So if you want her to file I-485 to stay in the US to wait for her derivative green card, you have to watch the visa bulletin very closely and file her I-485 on the first day of the month when your PD is current, to make it likely for USCIS to receive it before they approve your GC.

But if she is unable to stay in the US and maintain H4 status until your PD becomes current, due to you losing your H1B status from changing jobs, or whatever other reason, she can pursue the GC via follow-to-join at the consulate, provided she leaves the US soon enough after losing her H4 status.

Marry after the GC, you would have to file I-130 for her and then she would wait outside the US for I-130 approval and the family 2A date movements.
 
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