Green Card Holder Marrying Non Resident

T

twilo2000

Registered Users (C)
I am planning to marry a non-resident who has a 10 year travel visa to USA but we do not intend to stay separated for extended period of time after filing for her green card.

1) If she comes to USA as a tourist, and we do court marriage in USA and than apply for her GC. Would it be possible for her to stay with me in USA till she obtains her green card? How long is the wait if her green card is being filed while she is in USA?

2) Can she come as a tourist and than have her H1B processed? I know a tourist cannot convert to F1 status but am not sure about the work permit.

3) Are there any visas available for green card holders fiancee?

Any input would be greatly appreciated.
 
1. Your non-resident fiance cannot enter the US on a B-2 (visitor visa) with an intent to get married (that is visa fraud).

2. you as a non resident can file for an I-130 for your spouse but the wait time for her priority date to get current is approx 3-4 years. If she remains in the US during that period on a B-2 she will be considered out of status.

3. she can have an employer process her H-1B

4. No there are no visa's available for LPR spouses.

Good Luck
 
Regarding H1 transformation from Tourist Visa

Thanks for your input Sachin. Just to clarify if she enters USA on a tourist visa will she be able to than apply for H1? This I am asking since with recent downturn in the economy getting H1 visas from India has become ridiculously hard (I would not mind taking the hard route here provided issuance of visas were not based on whims of some ass wipe trying to decide if the person should get the visa or not). My personal take is that in USA since you can be legally represented, denying someone who has the paperwork can be appealed. So I am thinking of getting her here as a tourist and than filing for her H1 from within USA.

I saw your previous replies in other threads and I dont want to sound like a FOB or a little bitch.... but its a tough feeling being separated from someone you want to marry. The laws of a dependent visa are in place for F1, H1, US Citizens.. but simillar laws dont exist for green card holder. I would hope that a superpower like USA would rectify this situation ASAP i.e only if they want to show their greatness and not belittle other nationalities by fucking them with bombs as in the case of Iraq.

Peace
 
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