How easy/reliable is to apply GC for your spouse ?

[Desi4ever]

Hello all,

I'm a US GC holder since Oct'04 and my wife in in the US on a tourist visa. Her I94 for B2 is valid till Oct 05. She is a permanent resident of Singapore and was not married to me when her toursit visa was approved and she got the tourist visa on her own by showing sufficient funds and a "good" job status at Singapore.

She has applied for her H1 and is waiting on approval.

1. Is t risky to start her GC process right away while she is still in the US on a tourist (B2 ) visa and also that she has applied for her H1b or should I wait till she changes her status to H1 ?

2. If the answer to above question is NO , is it alright to apply GC for spouse without going through an attorney. The process to apply for spouse GC is straight forward and simple. Just making sure with you folks that an attorney is not needed.

Thanks for your time

Desi4ever

 

[pralay]

1. Is t risky to start her GC process right away while she is still in the US on a tourist (B2 ) visa and also that she has applied for her H1b or should I wait till she changes her status to H1 ?

As a thumb rule, it's always better to file I-130 ASAP to get early priority date. It's a long way for her to file for I-485 (or CP). I don't see any risk involved to file I-130 for her. Only issue is that you need to provide her status information (I-94 etc) in I-130 form, if she is already in USA. I am not sure if that can cause trouble for her future reentry as tourist (but that can happen irrespective I-130 filing, because after marriage she clearly has intent to immigrate in USA). However, that is not going to cause problem for her H1 because H1 is dual-intent visa. In my person opinion, I would suggest to file I-130 ASAP and ask her not to re-enter USA with tourist visa anymore (instead she should re-enter with her new H1 visa).

 

[In_durham]

1. I suggest holding off for the green card process - a couple of weeks wont make a difference. GC spouse sponsorship currently takes 5 years or so. If she gets H1B she can get green card on her own or you can apply or both. If her H1B is denied and she goes back she may not be able to re-enter the US on B1/B2 visa waiver because she won't be able to prove non-immigrant intent on arrival. Further a pending immigrant visa application means she HAS immigration intent.

2. Going through an attorney is always better in the long run. That is how the US immigration system is set up.

Hello all,


She has applied for her H1 and is waiting on approval.

1. Is t risky to start her GC process right away while she is still in the US on a tourist (B2 ) visa and also that she has applied for her H1b or should I wait till she changes her status to H1 ?

2. If the answer to above question is NO , is it alright to apply GC for spouse without going through an attorney. The process to apply for spouse GC is straight forward and simple. Just making sure with you folks that an attorney is not needed.

Thanks for your time

Desi4ever

 

[pralay]

If her H1B is denied and she goes back she may not be able to re-enter the US on B1/B2 visa waiver because she won't be able to prove non-immigrant intent on arrival.

Denial or approval of H1 does not affect, positively or negatively, the issue of intent. Her problem is that she is married to a GC holder. POE officer can deny her B2 entry anytime if the office is aware of marriage.

If she is in USA already and does not plan to use her B2 visa in future for re-entry, he can apply I-130 without any delay.