Marriage Question???

E

Explorer19

Registered Users (C)
Hi Folks
I have a question regarding my marriage???
The Situation:
Applied I-140-------> 25 Nov 2002 (NOT Concurrent Filing)
RFE-------------------> 5 Nov 2003 (Still didn't receive RFE)
H1B 6 years end----->31 Dec 2004
Came on F1 Student Visa to USA in 1997. Never went back
Presently Have H1B STATUS NOT H1B VISA
Multiple Entry got rejected in July 2000 in Mexico.
I am NOT Married.

The Question:

I am trying to marry someone in India.
How do I get my wife (If suppose I marry) here and also apply for her Green Card along with mine.

Please post your valuable suggestions.
Thank You in Advance
 
Hi vxmehra98
Thanks for replying, but read my case status clearly. I don't have H1B visa to go and come back. I am afraid to apply for H1 visa in India bcoz if they reject, I cannot come back to USA and I cannot lie to them that my greencard processing has not started.

How can I get my wife on H4 if I don't have H1 visa?
 
Don't intent to scre you, but aren't you supposed to get your visa stamped when you change status from F1 to H1?

If you think it is a problem, do a postal marriage and get your wife here. Don't take risks.

I know of a case where an H4 person changed to H1 and started working before getting VISA. She then went back to India to get it stamped and it was rejected. She came back on H-4 again.

In your case, you are the primary VISA holder, so don't take chances.
 
Hi PhillyDec01
Thanks for replying but what r u talking about???

There is no need to get stamped in passport if you change Visa. Visa is given only to enter USA. If you change visa here, u need to maintain the H1 Status to be here. U need Visa only if u go out of US and want to come back.
I have H1B status so I can remain in USA, but I cannot come back if I go to India bcoz I will need Visa then...

And what is this POSTAL MARRIAGE u are talking about???
Please provide me with details???
 
Originally posted by Explorer19
Hi Folks
I have a question regarding my marriage???
The Situation:
Applied I-140-------> 25 Nov 2002 (NOT Concurrent Filing)
RFE-------------------> 5 Nov 2003 (Still didn't receive RFE)
H1B 6 years end----->31 Dec 2004
Came on F1 Student Visa to USA in 1997. Never went back
Presently Have H1B STATUS NOT H1B VISA
Didn't understand what it means? Assuming that you are on H1b status!?

Multiple Entry got rejected in July 2000 in Mexico.
Why was it rejected?
I am NOT Married.

The Question:

I am trying to marry someone in India.
Congratulations!
How do I get my wife (If suppose I marry) here and also apply for her Green Card along with mine.
Since your H1B expires in Dec 2004, you can go to India and get your visa stamped. (Take all original supporting documents).
Get married and apply for your wife's H4.
Once wife is here apply for her 485, 765(optional), 131(optional)

hth
dyno
Please post your valuable suggestions.
Thank You in Advance
Click to expand...
 
Last edited by a moderator:
Hi all

I was expecting this reply from u all for my situation. Since nobody suggested it, I myself will suggest it:

Wait for I-140 approval
Apply for I-485/EAD/AP
wait for EAD/AP approval
Go to india and get married
come back alone to US on AP
Apply for a Follow To Join for wife at consulate in india. (File Form I-824)


Can I follow this procedure???
Any experiences??? Any trouble involved???
Please suggest ur valuable comments.
Thank You
 
Originally posted by Explorer19
come back alone to US on AP
Apply for a Follow To Join for wife at consulate in india. (File Form I-824)
Click to expand...
Sure you can do that, as long as you are willing to spend the next couple of years away from your wife, till she gets her AOS approval.

The best advise was posted already for you by vxmehra98
Get your spouse in US on a H4 visa.
Once she is in US, include her in the I-485 application.
Dont file your I-485 application before your marriage.
Click to expand...

Unless there is a very specific reason why you were denied a visa in Mexico, there is no reason why you shouldn't get a visa in India. As long as you fit the criteria of a good candidate for the visa.

Good luck!
 
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