Green Card Holder Marrying a B1/B2 Visa Holder

[gpaul]

Hi,

I am a green card holder since Jan 2005 and I am planning to get married to a widow who has a 6-year-old kid (both mom and kid are Indian citizens).

My fiancée has a B1/B2 visa for 10 years and had traveled to US on B1 sometime in Sep 2006.

1. What is the best legal option for them to join me in the US?
What is the waiting period? What are its limitations?

2. Can they come as tourists on B2 and get married in US and apply for
change of status? If yes,

a) What do they say at Immigration? (Tourist / coming to the US to
get married to Permanent Resident)?

b) Can the kid go to school?

c) Will there be any issue, in me retaining the Green Card and getting
citizenship in future?

d) Any other adverse effect?

3. Question on filing H1-B/L1 for my fiancée

I already applied H1B for her for 2008, but did not get selected in the
random selection process.

a) Can I re-apply H1 for her in future?

b) Will they approve her visa after we get married? (Since H1-B is a
non-immigrant visa and I am already a GC holder, by which she will
become a prospective immigrant).

c) Can she get to US in L1 after getting married?


Finally, Can I work from India on a temporary basis without any negative impact on me getting the citizenship?

Your help would be greatly appreciated. Thanks!

 

[PraetorianXI]

The rate is $ 29.99 per question...

 

[gpaul]

Can anyone else throw some light on this? Thanks!

 

[myredskins]

You might find someone who has the time to respond to all your questions to your satisfaction but I doubt it. You will realize that in immigration there is no right and wrong answer in most cases, its about the specificity of the case. What works for you, might not for the next person.

This is kind of stuff you take to a lawyer, but I am sure you are not trying to pay for anything. So why dont you cut your questions and ask one at a time? I mean there are no lawyers here, but people who'd give you opinions. If you have read this far I am sure you already know that I have no idea about your case, and prolly wont offer much help. So I'd stop.

 

[PraetorianXI]

If you have read this far I am sure you already know that ...

The problem with posts like these... is that people do not care about doing a little research, homework, etc.

They ask either "simple/evident/duh" questions or they ask impossible-to-answer-questions (how long will it take for... blah blah?).

Advice for all of you out there, have the decency of reading through the stickies (first posts with a "sticky" sign on top of every sub-forum). Then read some FAQs (Frequently Asked Questions) here and in places like www.visajourney.com. Then, google stuff (google is your friend! ) such as "immigration marriage to b1 holder". Then make sure you READ the instructions to the forms.

Once you have done that, if you still got doubts (somethings are NOT evident) then ask one of two questions. Or double check on what you think your answers may be....

But do not come and post 20 questions, not very many people will answer them... I'd in a good day, but today is not one of them!

 

[boatbod]

Ok, I'll give you my opinion on some of the more important points. But... as others have said, you really should do some research or find a lawyer.

1. What is the best legal option for them to join me in the US? What is the waiting period? What are its limitations?

Tough to answer, since it depends on personal circumstances. Legally however, the proper route would be for you two to get married, then you sponsor her through consular processing. Unfortunately, since you are not yet a USC, its going to take a minimum of 5+ years in F2A category.

2. Can they come as tourists on B2 and get married in US and apply for change of status?

No, for two reasons;
- the first being that a B1/B2 visa does not allow immigrant intent, so USCIS may well get upset that visa rules are being abused. (You can research 30-60-90 rule for more info how to avoid this)
- the second, and more important being that you are not a USC, so your spouse and her child would be in visa category F2A (see above), which means she would not be eligible for a visa number for at least 5+ years. (Research "visa bulletin" for more info)

3. Question on filing H1-B/L1 for my fiancée. I already applied H1B for her for 2008, but did not get selected in the random selection process.

a) Can I re-apply H1 for her in future?

Yes, just keep sending applications, and maybe she'll get lucky in a year or two. By the way, how are you planning to sponsor her for an H1? Do you own your own company or something?

b) Will they approve her visa after we get married? (Since H1-B is a non-immigrant visa and I am already a GC holder, by which she will become a prospective immigrant).

I've not heard of this being a problem.

c) Can she get to US in L1 after getting married?

Probably, but of course its a matter of meeting the eligibility requirements - which from memory, include things like education/experience and most of all the 1 year minimum employment overseas prior to being brought to the US.

Finally, Can I work from India on a temporary basis without any negative impact on me getting the citizenship?

Very, very risky. Please do some research in the "citizenship" forum for reasons why. I've posted on this topic so many times, it hurts my fingers to retype all the reasons why its a bad idea.

 

[LucyMO]

1. What is the best legal option for them to join me in the US?
What is the waiting period? What are its limitations?

6 years if you don't becomes a citizen, or "time till citizenship" plus about a year for processing

2. Can they come as tourists on B2 and get married in US and apply for change of status?

no, because you are not a US citizen, and because they can't come on a non-immigrant visa with immigrant intent. It's against the law.

 

[gpaul]

Thanks a lot!

Hi All,

Thanks a lot for your feed back. A special Thanks to boatbod for answering all the questions.

I have consulted a lawyer on this and based on her feed back going to file I130 and
wait.

You all have a good day.