Marriage with GC holder

R

Rajlakshmi

New Member
Dear All,
I am currently working in an MNC in India, and bethrothed to an Indian holding GC. Kindly let me know what will my situation be, if I get married before he becomes a permanent citizen. Will I be able to join him? Or will I have to wait till he becomes a citizen? And how long will that be?
Please help.
Rajlakshmi
 
If your fiance is a GC holder, then it would be tough for you to come over on dependent visa. The wait time for that at Indian consulates is in years (>4 years). If he was a citizen, then you could come on fiance visa, then apply for citizenship 3 yrs later.
Coming as a spouse of a citizen would be the best way.
But, if that is far then try for your own visas..like H1 or L1 etc.
 
Rajlakshmi said:
Dear All,
I am currently working in an MNC in India, and bethrothed to an Indian holding GC. Kindly let me know what will my situation be, if I get married before he becomes a permanent citizen. Will I be able to join him? Or will I have to wait till he becomes a citizen? And how long will that be?
Please help.
Rajlakshmi
Click to expand...
------- if he GOT the Grren Card and you marry him then it will take 5-6 years for you to join him.

*If he is US Citizen then he can apply K visa petition with USCIS and it will take about 3-4 months to get the K petition to get approved and will be sent to US consulate, you get the K visa stamp, enter US on K visa and get married within 90 days from the date of entry to US and then file for I-485, EAD and your work permit may get approved in 2-3 months and GC may be approved in 3-6 months
 
If the citizenship at this time is not viable for your would be spouse, There is also another way around.

You could get a student visa or a work visa (H-1, L-1 etc) without revealing the fact that you are coming to US to get married. Once you are here, both of you can get married and file your papers (I-130). However, following this path, you cannot have your wedding in India. What you could do is a have a civil registration marriage here and go back to india and have your traditional wedding after you get your GC.
 
Thank you all for your advice. I realise if I marry him now, it will take > 4 years to get a dependent visa. If I go on a work or student visa, I can marry him in the US. But what if I marry him in India now, and then apply for a work or student visa ? Is it feasible?
 
Rajlakshmi said:
If I go on a work or student visa, I can marry him in the US
Click to expand...

Don't forget - if you choose this option (of coming on a student/work visa) and marrying him, you will need to be able to maintain student/work status till he becomes a citizen. Work visa (H/L) is a bit safer in that it doesn't need you to show any non-immigrant intent.

~T
 
Your visa may also be rejected as they may know that your husband is a green card holder and you are going to settle in the US whne you apply for F1 or H1
 
A radical idea for you...perhaps you should look for someone else!!....really..why bother with all this visa/GC/Citizenship hassle??

Come on..Come on...if this is arranged marriage(as I strongly suspect)...whats the difference? Might as well marry in an arrangement to a US passport..er..sorry..I meant another guy with less hassles.. ;)
 
vvinoo said:
Your visa may also be rejected as they may know that your husband is a green card holder and you are going to settle in the US whne you apply for F1 or H1
Click to expand...

H1 is dual intent - so intent to settle isn't alone sufficient to reject visa.

~T
 
vvinoo, maple_cartier:
I think we should just stick to the questions post, rather than suggesting something out of the line. Also please do not post some wrong advice.
H1 is a dual intent visa and hence declaring that you spouse is a GC holder is not a sufficient reason to reject. It might get rejected due to other reasons.

Also there is no way for consulate to know that one is going to get married and this should not be a suffcient reason to reject F visa either, unless you document it in form DS-156 or something like that.
 
What is wrong in suggesting marrying either to a pre-GC candidate or a US citizen directly? Come on...if this is arranged marriage (as is most of the times when hunting for a US-based person) what is the problem?

rpranesh said:
vvinoo, maple_cartier:
I think we should just stick to the questions post, rather than suggesting something out of the line. Also please do not post some wrong advice.
H1 is a dual intent visa and hence declaring that you spouse is a GC holder is not a sufficient reason to reject. It might get rejected due to other reasons.

Also there is no way for consulate to know that one is going to get married and this should not be a suffcient reason to reject F visa either, unless you document it in form DS-156 or something like that.
Click to expand...
 
Hello Rajlakshmi

A new bill H.R. 1823 was introduced on April 26, 2005 in 109th Congress.

Purpose of bill is to recommend Congress to renew the V visa without any provisions.

This will allows Green Card spouses to enter USA on V visa.

If bill is approved, then your spouse can file for a V visa

Let hope and pray our GOD that this bill get approval ASAP.

Mike






Rajlakshmi said:
Dear All,
I am currently working in an MNC in India, and bethrothed to an Indian holding GC. Kindly let me know what will my situation be, if I get married before he becomes a permanent citizen. Will I be able to join him? Or will I have to wait till he becomes a citizen? And how long will that be?
Please help.
Rajlakshmi
Click to expand...
 
dimag_mari said:
how much time it will take for bill to get approved ?
Click to expand...

It all depends on US Congress.
Bill was introduced by US Representative Robert E. Andrews.
Bill is currently cosponsored by four members and we need more sponsors who should support this bill.
We all i.e. immigration community should raise this issue with our local Congress person and senators.

Thanks
Mike
 
rpranesh said:
Also there is no way for consulate to know that one is going to get married and this should not be a suffcient reason to reject F visa either, unless you document it in form DS-156 or something like that.
Click to expand...

The question number 37 in DS-156 asks if husband/fiance is US citizen or LPR.
If she is married already and does not mention it here that would be misleading. F1 is always difficult to obtain when spouse is LPR.
 
Rajlakshmi said:
Dear All,
I am currently working in an MNC in India, and bethrothed to an Indian holding GC. Kindly let me know what will my situation be, if I get married before he becomes a permanent citizen. Will I be able to join him? Or will I have to wait till he becomes a citizen? And how long will that be?
Please help.
Rajlakshmi
Click to expand...

If you get married to him and Congress is lazy to pass HR 1823, any dual intent visa would be best option for you - for example, H1 or L1. As you are already working for a MNC, that's a good option I believe.
 
mike_inus said:
It all depends on US Congress.
Bill was introduced by US Representative Robert E. Andrews.
Bill is currently cosponsored by four members and we need more sponsors who should support this bill.
We all i.e. immigration community should raise this issue with our local Congress person and senators.

Thanks
Mike
Click to expand...


Hi mike_inus,

Thanks for information.

I will appreciate if you could throw more light on this.
I am not knowledgble into this.
like what is the procedure... how bill gets approved.. how many co-sponsore we need... etc...

think me as a lay person and explain please.

Thanks in advance...
 
dimag_mari said:
Hi mike_inus,

Thanks for information.

I will appreciate if you could throw more light on this.
I am not knowledgble into this.
like what is the procedure... how bill gets approved.. how many co-sponsore we need... etc...

think me as a lay person and explain please.

Thanks in advance...
Click to expand...

We have to raise awareness about our problem.
Here are couple of website which may help you to know more about problem and the bill

http://www.unitefamilies.org/
http://www.united4life.org/
http://www.familyreunificationinamerica.com/
 
mike_inus said:
Hello Rajlakshmi

A new bill H.R. 1823 was introduced on April 26, 2005 in 109th Congress.

Purpose of bill is to recommend Congress to renew the V visa without any provisions.

This will allows Green Card spouses to enter USA on V visa.

If bill is approved, then your spouse can file for a V visa

Let hope and pray our GOD that this bill get approval ASAP.

Mike
Click to expand...

by what date will we come to know if the "H.R. 1823" bill has been approved/disapproved?
 
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