Green card & Marriage Issue

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saadah77

Registered Users (C)
I am a Greencard holder ( 2 years) . I am planning to get marrried in July 2009 backhome . My going to be wife is a Canadian resident .
She also have a visit Visa for US right now. To bring here to the USA ,
what options I have ????

Option 1 : Bring her in USA & get married & apply for her change of status

Option 2 : Married back home in India & bring her here ( on her visa) ,
then apply her for change of status here ( on the basis of marriage in India). ...desirable

Option 3: Married back home in India & bring her here ( on her visa) ,
re-marry here ,then apply her for change of status here ( on the basis of marriage here in US ).
I will really appreciate you help.
 
None of those options will work for you. Only a permanent resident who got married before green card approval, or a US citizen, can bring in a spouse and directly progress him/her to adjustment of status.

As a permanent resident, you have to file the I-130 and associated paperwork, then wait until your marriage-based priority date is current (which takes at least 5 years) before progressing to adjustment of status or consular processing. Until then, she will have to wait outside the US unless she can separately qualify for another visa like H1.

Or you could wait another 3 years to become a citizen, then you will be eligible to pursue one of the above options.
 
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saadah77 said:
She have visit Visa for USA
Click to expand...
Doesn't matter. She'll still be legally required to leave the US within 6 months (or less, if they give less than 6 months on the I-94). Marriage to a green card holder (post GC-approval) does not provide any status that would allow her to stay beyond that.

And once getting married, it may become problematic for her to ever use that visa again, because marriage to a green card holder is evidence of immigrant intent, and that visa requires nonimmigrant intent.
 
... and since he r visa is no doubt a B1/b2, she is not guaranteed to be allowed into US if her relationship to you is found out (be it married or fianced).

I doubt if CBP would allow entry for her, based on the extreme likelihood of overstay.
 
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