Marrying after getting green card.

R

rishabh50

Registered Users (C)
I have my green card and am getting married next year.

How can I bring my wife here?
What are my options?
If I file for her green card can she live in USA while her GC is being processed?

I know there are a lot of threads but am getting confused with the responses. Can someone give me a clear answer to this question?

Thanks in advance.
RJ
 
Even if she qualifies for H or L visa - she should not come here for the interviews because she would need a non immigrant visa. By marrying her - you will be doing a big disfavor for her because she will be basically barred for 5 or 6 years or until you get US citizenship.

It is part of the family reunification program. You should be proud to participate in it. It is a very generous program - few countries have such generous programs.

Also you should know that you cannot simply go and live with your wife abroad without loosing GC. You have to have a good reason to be with your wife, keep ties to the US. You can never move in with her.

Once you become a US citizen - you will appreciate the program. It is a unique experience to have your kids raised without you and seeing your wife 1-2x a year for many years.
 
namedude said:
Even if she qualifies for H or L visa - she should not come here for the interviews because she would need a non immigrant visa.
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What is that supposed to mean? H and L are nonimmigrant visas, but they allow immigrant intent. They are dual intent visas. You can legitimately enter the US with an H or L visa even if you have a pending or approved I-140 or I-130. And then continue the GC process within the US.
 
Jackolantern said:
What is that supposed to mean? H and L are nonimmigrant visas, but they allow immigrant intent. They are dual intent visas. You can legitimately enter the US with an H or L visa even if you have a pending or approved I-140 or I-130. And then continue the GC process within the US.
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Well, one can not get H visa without job offer, and job offer won't be obtained in most of the case without interview which the company may want to have it in the US office.. Then she needs B visa to come for interview. That is what he is saying.

But I don't agree what he said "she SHOULD NOT come to the US...." part. She can come if she could get B visa. There is no immigration intent in that case. Whether consulate issues the visa or not is different issue and who knows until she tries.
 
Yes, she can come for a job interview on a B visa, then return to her home country and seek an H-1 visa at the consulate there. But in order to get the B visa in the first place, she should not yet be married to the poster of this thread, because if USCIS knows about the marriage to a green card holder it will be hard to convince them of nonimmigrant intent.
 
In my humble opinion if you want to be an angel type then you should not bring your future spouse for interviews on B visa as well. The reason is that this is your future spouse and the spouse already has immigrant intent. Most people are not angels and what they do is get F-1 for future spouse, marry in the US and just stay in. But you can be that angel that wants to follow the law by the book.

So if you want to fully participate in the great family reunification program - you should try to get the spouse to interview from overseas which will likely end up in seperation for many years. But when you are seperated be proud that you followed everything by the book. If you get divorced because of this - you will know that GC was worth it and as a new US citizen you will be proud of the govt that helped you get through this program.

After you are done with the program you can consider volunteering and going to Iraq to donate some limbs and volunteer for the front lines and most dangerous missions.
 
Jackolantern - This is wrong:
"But in order to get the B visa in the first place, she should not yet be married to the poster of this thread"

You should say- even if your spouse has a 10 year B visa or is on VWP - the spouse should not enter the US because of immigrant intent. In fact if the spouse tell the POE officer that she/he is coming to the US for interview to work here so that she can be reunited with the spouse then the spouse could get denied entry. Obviously in about 99% of the cases the spouse is smart and does not have to say this and volunteer the truth. But if you want to be an angel then you should go with the rules written in the book even if it means broken up family for you and even if it means completely pointless suffering and even if you think that the law is plain stupid.

If the law said that at noon everyday you have to jump up and down and bow down in front of American flag - you would do it. Even if sthg does not make sense and it harms you - angels still do it.

Disclaimer
---------
I am not a lawyer and this is all bogus advice.
 
namedude said:
The reason is that this is your future spouse and the spouse already has immigrant intent.
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The intent to immigrate at some future date does not necessarily equate to immigrant intent on a prior visit. That's pretty clear case law.

You obviously are more interested in complaining about the (albeit flawed) family reunification program and less interested in providing accurate suggestions.
 
This is correct that you technically can have a non immigrant intent when coming on a visit to interview for jobs RealCanadian. But the problem is convincing the IO at POE.

The same thing goes after you are married. You technically can get the spouse a B visa and she can visit you on non immigrant intent. But the issue is to convince the US consulate or IO at POE.

Most people simply do not volunteer information about the spouse and that's why they can get through.

Plus most people who would know the situation with GCs and visas and the great family reunification program - would obviously have the spouse stay in the US until a job was found or they would try to get the spouse an F visa or sthg like that. That's the main problem.
 
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