Lawsuit

H

helper100

Registered Users (C)
Friends, I am one of those singles with a Green Card and really want to get married to someone in my home country India. I have GC for 1 1/2 years now. My fiancee does not have any visa for US and she does not have a job offer here. She is a educated girl there and given the current state of economy I dont think it will be feasible for me to find a job here for her.

Now, my questions.

How do I bring her to US? I am puzzeled, heartbroken and so mently disturbed.

Dont I have a right to bring her as my wife. Is being a Green Card status a punishment for people like me.

I know some people are signing up a petition on this site which will be sent to senators for a possible law, but that process will take a long time. I want to do something quick to be with her before I lose her just because I cannot bring her here.

Can we file a human rights violation lawsuit here. I have never come across a law in any country like this which prohibits husband and wife to stay together? So much of mental stress, for what? A stupid law?

Gurus, I know I am sounding impulsive but please comment and I will appreciate advice and direction.

Thanks
 
Helper,

I understand your plight, and a lot of people are going through the same thing. I guess something should be done about this travesty, and the petition drive by Rajiv Khanna is one of the steps. I dont know if you could really sue the INS on humanitarian grounds. A lawyer who has looked into this might provide a better answer

BTW, have you looked into getting your fiancee here on a student visa? I know it's costly and a misuse of the student visa, but I cant think of a better solution

Jayesh
 
Thanks Jayesh

Jayesh, Thanks for your mail. Here are the problems with Student Visa,

A] I cannot afford it.
B] She has not got a GMAT or GRE cleared which can help secure admission.
C] Her skill is not in demand in US and I am not sure if she will get a H-1B visa.

I leave for India tomorrow. I am not sure what to do, but will probably take the risk and try to get her on a H-1B visa through some bodyshopper and then worry about things after that.

Guess being a GC, I have lost my right to even get married, it feels like that right now.

Thanks. Anybody if you can throw a light on Lawsuit possibility and possible implications, I am ready for it and I have 3-4 people here who are willing to make it a class action lawsuit.
 
Wait a minute, so what you are saying is that as a GC holder you can not get your wife here to US? But an H-1 visa holder can get his wife from another country on H-4 visa??? or F-1 student can bring his wife on F-2??? Am I understanding it correctly? Cause it does not make any sense. GC supposed to be the next best thing to US Citizenship.
:confused:
 
Petition

Guys, Anything latest on the GC Petition that we all signed on this site. Was any action taken on that?
 
You can file all the lawsuits you want, I doubt if you will get any results at all. Bill Clinton signed a bill into law back in Dec 2000, 4 weeks before he completed his term. This was a small provision in the whole restoration of 245(i) package that lasted for 4 months. Spouses of GC holders could apply for a V Visa and come here and get work permits. But the stiplulations was that, the I-130 should have been filed already and the spouse waiting over 3 years on or before 21st Dec 2000. That means the I-130 should have been filed on or before 21st Dec 1997. So it would certainly not apply in your case. The reason I know so much about is bec, I had a friend in a similar situation who was eligible. But his wife became a US Citizen shortly thereafter, so it did not matter. Unfortunately after 9/11, law makers are not looking too kindly on immigrant issues at all. Special Registration etc...it is right before you eyes. 100s of people with legit adjustment applications pending being arrested etc. Btw that special registration will be extended to all nationalities within 3 years.
Bill Frist the new majority leader is said to be a moderate on immigrations issues(we'll see!)
 
Re:help100

Did u try contacting Rajiv khanna abt lawsuit. Just give him a call and see.


I can understand the misery that u might be going through.
 
India/USA

Came back from India 2-3 days ago. Shocked, disturbed and totally demotivated. I did a mistake by doing my GC, it promised me job security (to some extent) but messed up my personal life completely. I cannot marry and bring my spouse to USA from India unless I use so called illegal means. Can anybody at this junction advise what can be done. I am willing to support the lawsuit.
 
some ideas I can think of

My two cents for bringing your fiancee to US.

1. You mentioned F-1 student route. I don't know why you cannot afford it. Lots of people don't have any relatives or know anybody in the US before we came on student visa. You are in a much better shape being yourself in the US. You can borrow some money from friends to get a bank statement letter so that it can be used to support I-134 as financial support to get her here. Select some schools with low tuition. Or even through a language school. What is your fiancee's major as a bachelor's degree? Finance should not be a problem, since lots of people came to the US with no money at all and work our way through school and find jobs later.

2. Can you bring her on visitor's visa? I don't know the situation in India. Will a visitor's visa be granted if visiting a friend? Theoretically, one can visit anybody here as long as an invitation letter is warranted.

3. What about coming here as domestic worker?

Maybe the best way is to consult a lawyer to find an alternative way to bring her here while the GC for her is in progress.
 
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