How to bring wife for a GC holder asap

A

Alex001

Registered Users (C)
Hi ALL,

I am a GC holder for a 2.5 years and my wife's H1B had been denied recently.
Could anybody will advise please if I have any other possible options to bring her here earlier than I get my citizenship. We've got married here 2 years ago and recently she left the country for some emergency issues in her family and now we are facing this situation with H1B denial. Prior to that she was here legally on B-tourist visa and her staying was legal in here. Please let me know any possible options for us in order for her to comeback.

THANK YOU!
 
Alex001 said:
Hi ALL,

I am a GC holder for a 2.5 years and my wife's H1B had been denied recently.
Could anybody will advise please if I have any other possible options to bring her here earlier than I get my citizenship. We've got married here 2 years ago and recently she left the country for some emergency issues in her family and now we are facing this situation with H1B denial. Prior to that she was here legally on B-tourist visa and her staying was legal in here. Please let me know any possible options for us in order for her to comeback.

THANK YOU!
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Hi:

Perhaps she can enroll in a course of study and apply for a student visa? Why was the H1B visa denied?
 
Student visa will be really difficult for her since she is married to a PR. Why was her H-1B denied? That is crucial.
 
Hi All,

Thank you for all responses. The H1B visa was denied due to her education and experience doesn't match precisely to the term "Specialty" to which we applied through the sponsor organization.

And you are right that it would be hard to apply for student visa since she is married a GC holder and she has to put this in student visa application.

Thank you!
 
With the H-1B out, the only visa your wife can get is L-1A/B. All other non-immigrant visas are out of the question due to her declared immigrant intent.
 
Thank you for reply.

But L-1 is also employer-based Visa and it would be hard to apply after H-1 denial or maybe I am wrong? Please advise!

Thank you!
 
There is no educational criteria to be met for an L-1A/B visa. If your wife has worked for a company outside the US for more than a year in the last three (or is it two?) years and that company offers her a job in their US office, then she may qualify for an L-1 visa.
 
How soon she can apply for L-1 visa in case of H-1 or any other type of visa denial?

If we apply for L-1 visa, do she has to indicate that she's married GC holder or not?

Thank you, please advise all possible ways out....
 
Another question: if she will aplpy for B-visa or a student one and she will indicate that she is "single". Do they are going to check that taking into the account that she is still under her maiden name which is differrent from mine?

Please advise, since we are looking for any ways out there...
 
Alex001,
Your wife can apply for an L-1 visa as soon as her employer has acquired an approval. She will have to indicate on her DS-156 form that she is married to a GC holder. Why will she indicated "single" if she re-applies for an F-1 or H-1B visa? That would be committing perjury!!!
 
Alex001 said:
Another question: if she will aplpy for B-visa or a student one and she will indicate that she is "single". Do they are going to check that taking into the account that she is still under her maiden name which is differrent from mine.
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Give me strength. Lying is not an option. She's married so should indicate as such.
 
Need help!

Hi sorry to post the same msg again...I am new to this forum and have been going thru the threads trying to find answer to my question..but havent yet!

Can someone please tell me if my fiance marries a US Citizen next month in the US, can he stay back legally even though he has been given entry until June 6th (based on his B-visa)? While going thru the threads, I at least now know that he can stay back if he marries USC. BUT, can he go out of the country and then come back legally? What visa would he be on? Is this legal? Sorry, I am just too confused with the little pieces of information I gathered from here n there.

Thanks for any suggestions!
 
2 questions: Is your fiancee in the USA right now, and I assume you are the USC he's going to marry?
 
Why are you referring to yourself in the third person? :)
If your fiance' marries you (I am assuming you are a US citizen) on a B-2 visa, then he can apply for a green card and stay in the US (process called Adjustment of Status) while it is being adjudicated. However this may not be totally problem free. USCIS frowns upon people who marry and adjust status on visit visas. An applicant's intentions (at the time of applying for a visa, and at the time of entering the US) may be closely scrutinised. Once he is an AOS applicant, he needs a travel document (called Advance Parole) to travel outside the US and return successfully. He cannot use his B-2 visa at that point. I am assuming your fiance' hasn't accrued any illegal presence in the US beyond 180 days.
Good luck!!!

desi_az said:
Can someone please tell me if my fiance marries a US Citizen next month in the US
Click to expand...
 
OK. He can file for a Green Card no problem, with the minor caveat that there may be an issue with his intent. If he came to the USA on a B2 intending to file for a Green Card, that's not allowed, but if the decision to marry and stay was made after he arrived, he should be fine.

He'll go out of status at the end his B2 period, and will remain out of status until a AOS petition is filed. While he is out of status its possible for him to be deported, but really its very unlikely. As soon as AOS is filed, he'll be in legal status and the out of status will be forgiven.

When are you planning to get married?
 
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