I-130 - GC Holder

I

IndoAmerican555

New Member
Hi,

I've got GC an year ago and my future wife is in INDIA. I know there are limited options of bringing her here. She is planning on applying for F1 or H1. I'm planning on getting married this March. After getting married, i'm going to apply for Family based visa(I-130) for her which takes 4 to 5 years. My question is can i also apply for F1 or H1 if she is eligible?.. Will they reject F1 or H1 since the family based application (i-130) is in process?... Or should i wait till F1 or H1's decision and then apply for the sponsorship.

Please suggest..

Thanks in advance
 
If you get married before applying for F1 or H1, most likely they will deny her for a visa becasue she is married to a GC holder which makes her intent is to stay in the US. If you filed I130 before you get marry, she will not able to get a visa either. Your best shot is to get an F1 or H1 visa, then get marry in the US and stay in the US with either an F1 or H1 until your priority day is current.
 
She can get an H1 since it is a dual intent visa, F1 might be harder since it is not a dual intent visa.
 
Yes, H1 is a a dual intent but if she already has the intent by filing I130 before getting H1. I am not sure if they'll still going to grant you an H1 even though it's a dual intent visa. If anyone has done that, please let the OP know so she can choose this route if possible.
 
of course, people can get H1 even if I-130 is filed for them. Since H1 is the DUAL-intent visa, the applicant doesn't need to prove non-immigrant intent.
 
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