Marriage after Green Card

S

sushilkumar

Registered Users (C)
Hello,

I have already received my Green Card. I plan to get married soon in India. How will my wife enter US with me? I appreciate any advise on how to go about this.

Thanks!
 
if you already have a green card, then the easiest option would be to get your wife to US in F1 (Student visa). Dont mention marital status while appying for F1 visa.


JJ
 
So basically the only options I have is for my wife to be able to get a L1 or H1 visa and come to the US that way. Is there a third option or just these? Thanks!
 
sushilkumar said:
So basically the only options I have is for my wife to be able to get a L1 or H1 visa and come to the US that way. Is there a third option or just these? Thanks!
Click to expand...


Other options are very self-hurting ones and I dont think anybody jeopardize their PR status.

1.Give-up your GC/PR and get back on to H1 by re-activating/stamping in India. Get married and get your spouse on H4. If you give-up GC, only your 485 is revoked/cancelled, not 140. So, after marriage and on H1/H4 file 485s together, provided that you have ability/rapport to co-ordinate with 140/GC sponsor to re-file 485s.

2. wait 5+ yrs for citizenship and get married. Then it'll take 3+ months only.

One more thing just flashed in my mind.

3. Apply for Canadian PR, processing times are less than one year. In final stage of Canadain PR, get married and get your spouse on Canadian PR to canada. Canadian PRs do not require any visa to stay in US, right?

Correct me if I'm wrong.
 
Last edited by a moderator:
lohith said:
1.Give-up your GC/PR and get back on to H1 by re-activating/stamping in India. Get married and get your spouse on H4. If you give-up GC, only your 485 is revoked/cancelled, not 140. So, after marriage and on H1/H4 file 485s together, provided that you have ability/rapport to co-ordinate with 140/GC.
Click to expand...

One can file only one immigrant visa petition (I-824 or I-485) based on an I-140 (actually multiple I-485s can be filed but only one of them is approvable; that's why filing I-824 is treated as withdrawal of pending I-485). He already filed his I-485 and USCIS already granted GC based on that I-485. It's unlikely USCIS will accept another immigrant visa petition on same I-140 again. Giving up PR status is not same as withdrawing of a pending I-485.
 
lohith said:
1.Give-up your GC/PR and get back on to H1 by re-activating/stamping in India. Get married and get your spouse on H4. If you give-up GC, only your 485 is revoked/cancelled, not 140. So, after marriage and on H1/H4 file 485s together, provided that you have ability/rapport to co-ordinate with 140/GC sponsor to re-file 485s.
Click to expand...
i'd be careful with this one... approval of GC means both 485 and its underlying 140 have been consumed. i doubt if there is any "fallback" to a 140 should the PR give up their GC. i cannot say this with any authority, though... double-check with a lawyer.
lohith said:
3. Apply for Canadian PR, processing times are less than one year. In final stage of Canadain PR, get married and get your spouse on Canadian PR to canada. Canadian PRs do not require any visa to stay in US, right?

Correct me if I'm wrong.
Click to expand...
i know one person who successfully went that route. however, that was pre-9/11, when canadian PRs did not need a visa to enter the u.s. now they do. canadian *citizens* do not need a visa and can stay indefinitely.

the most feasible route is H1/L1, if that's possible. the other possibilty could be F1, provided it is applied for and granted prior to marriage, or even formal engagement.
 
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