GreenCard processing for my spouse

RajDham

RajDham

New Member
Hi, I am a Green Card holder. I am in the verge of getting married to an Indian national. Apparently She has planned to visit the US and also have planned to apply visitor visa. Our intent is how soon She can get to to US, legally w/o any legal complications.
1) Can She just go ahead and get the US Visitor visa and we can get married here in the US? What documents should we have to get the marriage registered in the US. I would think She can then stay here in the US legally, until She leaves the US or She gets the I-130 approved?In this case should we process I-130 or can I file I-485?
2) I travel back to India and get married and apply for I-130. I do understand this process takes anywhere more than 5 months down the line. I am afraid this process might take longer (may be 12 months) and that might delay Her coming here to the US.
3) What other options do we have to get this done quick and legal?
 
Your would be spouse cannot and should not be planning on coming to the US on a NIV with the mind of doing a status adjustment when their priority date comes around. That constitutes a fraudulent use of the NIV. Plus she will already be out of status anyways by the time her priority date rolls through.

Get married in India, file an I-130 and she waits out the process in India until her priority date comes along (regardless of how long it takes) following which she attends a consular interview for her immigrant visa.
 
Also, if She is here on visitor visa and then gets back on time, like may be 3 months or so, then because I applied from US when She was legally in the US, would that be an option. Like, let us say She comes here for 3 months in Visitor visa and then leaves after 3 months and wait fr the rest of the time for the visa to get approved?
 
RajDham said:
Also, if She is here on visitor visa and then gets back on time, like may be 3 months or so, then because I applied from US when She was legally in the US, would that be an option. Like, let us say She comes here for 3 months in Visitor visa and then leaves after 3 months and wait fr the rest of the time for the visa to get approved?
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Yes she can do this (if I understand correctly that the waiting rest of time will be in India). It is approximately a 2-year process at present. It is critical as a spouse of a green card holder that she does not overstay any visa in the US.

*also I am assuming you did not get your green card via marriage in the last 5 years, as that would make you ineligible to file for a spouse.
 
As others noted above, it's important that she does things legally. No point in looking for visa shortcuts.

First things first. Either she applies for a tourist visa to visit you, which obviously is by no means guaranteed. A tourist visa is to visit, not to wait for a priority date to be current while in the US. Or you travel outside the US, presumably India, get married and petition her for a spousal visa.

Immigration is neither fast nor easy.
 
Thanks everyone. So, in the first case, She is here in the US in a Visitor Visa and I have applied for a Green Card, so, She can stay in the US till Her visitor visa expires (presumably may be 6 months). Post that, can She get to Canada or so and get the Visitor visa extended, or they may not approve the extension given that Green Card petition is in-progress?
 
So, in the first case, She is here in the US in a Visitor Visa and I have applied for a Green Card, so, She can stay in the US till Her visitor visa expires (presumably may be 6 months). Post that, can She get to Canada or so and get the Visitor visa extended, or they may not approve the extension given that Green Card petition is in-progress?

P.S: No. My green card did not come from a marriage based Green Card
 
What you’re trying to do will NOT work! Your would be spouse cannot LIVE in the US on a visitor’s visa which is meant for VISITING.

Anyone visiting the US is expected to spend at a minimum the same amount of time spent in the US (if not more) outside the US before they ‘visit’ again.
 
RajDham said:
Thanks everyone. So, in the first case, She is here in the US in a Visitor Visa and I have applied for a Green Card, so, She can stay in the US till Her visitor visa expires (presumably may be 6 months). Post that, can She get to Canada or so and get the Visitor visa extended, or they may not approve the extension given that Green Card petition is in-progress?
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No, they won't do that. A B visa is a VISIT visa. Spending all her time in the US is not visiting. Even her first 6 months if she is "living" in the US will be violating her isa. What is more likely to happen if she tries to extend, is that her visit visa will get revoked under section 214b and she will not be able to visit you at all until her immigrant visa comes through. Unfortunately immigration is not fast and many spouses spend time apart waiting for visas.
 
Why such keen focus on her visit visa? Go to India, get married, and petition her for a spousal visa that she interviews in India for. Forget the i-485 from a b2.
 
1AurCitizen said:
Why such keen focus on her visit visa? Go to India, get married, and petition her for a spousal visa that she interviews in India for. Forget the i-485 from a b2.
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It is the time the process takes to get Her to the US :). 12 months seems to be a very long time. But if She can come here and spend sometime and then go back, that is comparatively better. Also, even if I-485 does not work from B2, that is still fine. She coming here and spending a few months is better and then let the process take it's time.
 
Um... it's not going to be 12 months, more like double that. Your priority date will be the date you file the petition (which will be F2A, spouse of LPR). Currently they are processing priority dates from 8 Oct 2016 (and earlier) - so it will likely be at least a 2 year wait for the priority date to get current, and then another few months usually to get the paperwork from NVC to the consulate, interview booked and done, visa issued etc. To be conservative, you're probably looking at around 2 1/2 years for the process to complete from when you file.
 
If She gets a Student Visa, doing masters and stays in the US, can She still be legally in the US and can the I-130 also be in-progress?
 
RajDham said:
If She gets a Student Visa, doing masters and stays in the US, can She still be legally in the US and can the I-130 also be in-progress?
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Yes, but that's a big if because a student visa requires she be able to show non-immigrant intent and that she will return home afterwards - which will be extremely difficult to do considering that her intention is actually to stay in the US. And especially if you are planning to apply for an immigrant visa (but always, anyway) you should never lie on a visa application or in an interview about a material fact as that can get you a ban for misrepresentation. In short: she needs to be honest and that means she probably won't be granted a student visa.
Also, if it happens it would require that her student visa be valid/masters program be ongoing the whole time in order to keep her status valid. There is no masters program I know of that lasts beyond 2 years.
 
Sounds like visa shopping (any which way to get her into the US).

Everybody waits their turn. You guys are not the first. Bringing an overseas family member legally takes time. Are your soon-to-be-inlaws pressuring you to get her into the US asap? Why are Indians so intent on circumventing the legal wait, I'll never understand?
 
1AurCitizen said:
Sounds like visa shopping (any which way to get her into the US).

Everybody waits their turn. You guys are not the first. Bringing an overseas family member legally takes time. Are your soon-to-be-inlaws pressuring you to get her into the US asap? Why are Indians so intent on circumventing the legal wait, I'll never understand?
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Yes, exactly! There is a culture difference from an Indian community. There is a reservation when couple are not together.
 
RajDham said:
Yes, exactly! There is a culture difference from an Indian community. There is a reservation when couple are not together.
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Inform them the US has legal processes that take time. Once petition is initiated, keep the spouse/inlaws updated on the progress. In the meantime, you could keep the lines of communication open.

I know I did.
 
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