Green card holder, fiancee in India on L1 visa

[sand500]

I am a permanent resident - green card was approved more than 1 year back. I am planning to get married to a girl in India who holds a L1 visa. She will be starting some project in the USA in the next 2-3 months.

Can you please offer some advice on the best way for me to ensure that she comes and stays in the USA and gets her green card without too many problems?

1. Is L1 a dual intent visa? If she says that she is getting married to a green card holder will there be any problems. I guess, right now, it is not a problem since we are not married yet. But, if her project gets over then she has to go back to India and wait till she gets her next project, will there be any problems in her getting the next L1 visa approval maybe next year?

2. What is the best time and procedure for me to apply for her green card (as my dependent or whatever)? I am planning on waiting for her to come to the USA on her L1 and then initiate it. I guess that will take 3-5 years - so I want to ensure that we stay together in the USA until then.

3. Please advise of the best options and pitfalls in this approach.

4. Can she apply for a h1b? or is the quota for this year already exhausted?

Would appreciate your help on this. If you have any personal experience with this please share that as well.

Thanks.

 

[sgsnathan]

Let me answer whatever I know.

1. L1 IS a dual intent visa. So the fact that she is marrying someone in the US on a GC should not have any effect on her travelling here on L1 or getting a new L1 or H1 visas as both are dual intent.

2. How long have you been on GC? When would you become a USC? I guess you should apply for the petition for alien relative as soon as possible and if you become a USC somewhere along the way when you are still waiting, you should just apply for AOS as she would have an immigrant visa number available immediately on account of you being a USC.

3. If you are expecting her to be in the US when the AOS happens, you may want to make sure that you choose the right option on the I-130 form. If not, you may have to apply for consular processing for immigrant visa.

4. She shouldn't have any problems applying for an H1-B visa for next year as this years quota was over long ago. If she is approved, she could start working on it from October 1st of this year.

Good luck!