Marriage options after getting GC

S

skumar20

Registered Users (C)
Hi,
I got my GC in 2004 (2 years back). I have a fiancee in India. She is a dentist.
She tried for F1 visa but her F1 visa was rejected. She is trying for it again.

I see F1 as the only option for fiancee of a GC who is a dentist.

Is there any body in similar situation ?..... Please share your experiences .....


-skumar2010@gmail.com
 
Sorry, but F1 is very difficult for PR's fiance. She needs to get H1 or wait for your citizenship.

What was the reason of rejection ?
 
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Correct, unless she is able to find a visa that mantain her in a legal status in a long term there is not too much to do.

Good luck,
 
Here are the options.
1. She got H1 visa and enter the US.
2. If you are intended to be US citizen, you can bring her after citizenship.
3. If you are not intended to be US citizen, choice is limited. You can give up your GC and get H1 and bring her as H4.. I know somebody actually did it.
 
Can a Green Card holder (LPR) marry somebody who is on F1 visa?
What are the legal implications in that?
What precautions should one take in such cases?

What happened to V visa..... I wish they again bring back V visa with new conditions like 6 months (application pending for I 130) ...etc
 
skumar20 said:
She is trying on her own for F1. She is not going to mention in DS156 that she knows me etc...
Click to expand...
You say that she is your fiancee, so that would be fraud because she is asked to disclose if her fiance is in the U.S. or is a USC or LPR (question 37 on DS156). It definitely seems as if she has immigration intent, which is not the purpose of F1. Maybe she will get away with it, but if she gets caught in a lie, it could have dire consequences. Just be aware of that.
 
skumar20 said:
Can a Green Card holder (LPR) marry somebody who is on F1 visa?
What are the legal implications in that?
What precautions should one take in such cases?

What happened to V visa..... I wish they again bring back V visa with new conditions like 6 months (application pending for I 130) ...etc
Click to expand...
If F1 holder has bona fide study intent, and happened to marry, that is fine, but obtaining F1 with immigration intent is not allowed. In your case, your fiancee is trying to get F1 to marry you, that is the problem and consulate denied since they smelled something. Some people gets F1 for that purpose, but to be frankly, she was unlucky that consulate got some idea.. May be too many such F1s with no study intent and consulate is not that stupid.

V visa is not avaialble at this moment.

BTW, answering NO to fiancee question in DS-156 would cause way more serious problem if they found it as it is considered fraud. Be careful.
 
what about her getting a B2 visa, come over to the US, whilst here, you guys can get married, then you file for a GC for her, once approved -> AOS. she may need to extend her B2 visa though
 
You guys break up for a while... then she can come to US and doesn't have to mention that his fiancee is in US. Then when she comes here try to woo here... if you know what I mean :rolleyes:
 
I see nothing wrong in your fiancee wanting to come over as a student. If she does come over as a student, without mentioning the fact that her fiance is here in the US and is a GC, then you probably want to wait a while before getting married. In any case, she is not going to be able to adjust her status for at least 3 years, by when you could be a USC, considering your situation. So I don't think it is a big deal. If she is really interested in pursuing studies, she should probably just do that so you guys can be close to each other and maybe get married later on.
 
When I said my fiancee. There is nothing official about it.
She is my girl friend.
She is trying to come on F1 for higher studies.
 
GC holder married to a F-1 visa holder

My friend has a GC since Sep 2004. He recently went to India and married a person who had an stamped F-1 Visa though she has not entered the USA yet. They are planning to enter US this month. Is this legal? What should they be worried about and what are my friend's options if he wants to settle down with his wife in the USA. Will there be an complications if he applies for her GC or should he rather wait till he gets his Citizenship. Any comments would be appreciated
 
Did you get marriage certificate in India?
The immigration officials at the port of entry would definitely question about
immigration intent etc if you show that you are married.

It is better to contact US immigration attorney/lawyer about this case.

I think things are very good at your end because your spouse has F1 visa at least so try to play safe.

Hopefully things will be alright.

skumar2010@gmail.com
 
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