i wanna get married!!

K

kcguy2004

Registered Users (C)
hi folks!

I'm in AOS and trying to get married. Basically my parents are running the show.. and I have to choose from several candidates.
Options are students on F1, working on H1, resident in India.

is there any way I get around waiting forever to bring my wife across?

RD Oct 2002 ;)
 
Last edited by a moderator:
kcguy2004 said:
Basically my parents are running the show.. and I have to choose from several candidates. Is there any way I get around waiting forever to bring my wife across?
Click to expand...

Yes, find your wife yourself. :)
 
jambalakadi said:
As long as ur GC is not approved you can get your spouse to US without any problems.
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That is incorrect. You have to have a non-immigrant status that allows for dependent visa to be able to do that(e.g.. H visa). If you are only on AOS and do not hold a H1 visa, then you cannot get your spouse to the US. The only option then is if she has an H1, L1 or F1, as stated.
 
F1 case

thanks for the replies guys...
lets take the case of F1...
if we get married here in the US.. whats her status going to become?
will she be able to travel to India?
 
kcguy2004 said:
lets take the case of F1... if we get married here in the US.. whats her status going to become? will she be able to travel to India?
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If you get married in the US before your GC is approved, she files for an I-485 right after the marriage and can leave/re-enter the US on AP.
 
kcguy2004 said:
and i get married in the US AFTER my GC is approved......? :confused:
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She will be eligible for a GC under FB2; which means that after the I-130 is filed it is around 5 years for the priority date to become current. As an intending immigrant, the only way she could enter the US is using an H or an L.

She could, however, stay with your parents. I figure if they're not willing to live with her for 5 years, then you shouldn't live with her for the next 50. ;)
 
Caution when applying for non-immigrant visa with intent of immigrant status

kcguy2004 said:
thanks for the replies guys...
lets take the case of F1...
if we get married here in the US.. whats her status going to become?
will she be able to travel to India?
Click to expand...

Getting non-immigrant i.e. F1 visa may have issues if intent is shown as potential immigrant. You have AOS and wife on F1 is one the case. Gurus what say?
 
kjkool said:
But what if she's already in US, lets say on F1? and they are married after his aproval?
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Then she has a problem. She is not eligible to adjust status right away (since she will be under FB2) and filing the I-130 is not an option if she wants to stay in F-1 status. Practically speaking, the best option in such a case is for the husband NOT to file the I-130 until he becomes a citizen, and then the wife can file the I-130/I-485 right away.

Since at that point the marriage will be >2 years old, permanent residency for the spouse will not be conditional, saving the I-751 down the road.

The wife's best bet is to finish school and get an H-1, which allows dual intent.
 
itsGood said:
Getting non-immigrant i.e. F1 visa may have issues if intent is shown as potential immigrant. You have AOS and wife on F1 is one the case. Gurus what say?
Click to expand...
If she already on F1, that's not a major issue (other related issues are discussed in this thread). But, if she plans to extend, or apply for a F1 visa, then that's a problem, as there's an intention to immigrate and she would be denied. There has been such denials of F1 in the past even when one spouse is an US citizen.

I like that Churchillian quote!
 
thanks guys for all the replies.....
looks like i'll be single for a long time.....
bring on the beer, etc !!! ;-)
 
Smart move

kcguy2004 said:
thanks guys for all the replies.....
looks like i'll be single for a long time.....
bring on the beer, etc !!! ;-)
Click to expand...

Married life is way overrated... You'd think "man I can have sex any time I want".....yes, as long as you don't plan on involving your wife. Wedding cake is a killer on female libido.
;)
 
If your GC approved today. and your future spouse is in USA, then you can apply I-485 for your spouse as follow-to-join WITH IN 30 DAYS After approval.
 
good one

what can be done if the 30 days are passed after the approval and she is working some place else on H1 or on a EAD.

can she come to the same place and not work until the validity of the EAD or the H1?
 
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