Marriage based on GC

B

BNS

New Member
I'm a permanent resident of the U.S. What are my options to get married to someone in India who does not have a valid U.S visa.

Thanks.
 
Nothing prevents you from marrying that person IN India.

But he/she will not be able to come and live in the USA with you for 5-6 years. Or until you become a citizen + 1 year.
 
Thanks. I understand that. However, can my spouse come here on a student visa. Will she even be granted a student visa if she's married to a PR.

or can she come here on a tourist visa and keep renewing it. Is that feasible?

Also, I received my GC in Nov 2004, so how soon can I apply for my citizenship.
 
You can apply for citizenship in July 2009.

She could apply for a student visa (F1) or an H1 visa.

A tourist visa will not be the best idea, she can not live in the USA with a visitor visa. And her "Extensions" would be definitely denied.
 
It's important for you and her to understand that most nonimmigrant visas require nonimmigrant intent.

She can come here to study on an F-1 visa temporarily if she intends to return to her country and keep closer ties to her country (and return at a later time to immigrate, for instance with a K3 visa if you're married then and you're a citizen, or through consular processing). Her burden of proof that she has no nonimmigrant intent for F-1 will probably be higher than normal, with a permanent resident husband, so if the tries this she definitely needs a lot of supporting documentation about her ties to her country (my Indian co-workers tell me they are asked for a lot of supporting documentation anyway even without a PR spouse!) and it's quite possible she'll be denied so plan for that too.

If she intends to immigrate on this specific visit, her best option for now would be an H-1B or L-1 which are dual intent visas.
 
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