Need a Advice After Green Card - Marriage India

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waterboy_dec

Registered Users (C)
Hi Guys,
After the green card how can we marry in India and how do we bring the girl here in USA. How do we apply green card after that?
This is very useful for every body lets discuss.
I need an advice gurus
 
waterboy_dec said:
Hi Guys,
After the green card how can we marry in India and how do we bring the girl here in USA. How do we apply green card after that?
This is very useful for every body lets discuss.
I need an advice gurus
Click to expand...

I am sorry to hear that you are still not married and got your GC and want to get married with a girl in India. This is not a situation for you anymore.

If you get married, your status is not going to change from what you are now. I mean you would still need to stay alone here without being able to bring her here, which I dont think that you want to do that.

Your only choice for now is that you need to start looking for girls in US(F1/EAD/H1/US Citizen) and get married in India/US.

If you marry an Indian Girl without any US visa, then you might not be able to bring her here.

Good Luck!
 
Want GC Soon said:
Your only choice for now is that you need to start looking for girls in US(F1/EAD/H1/US Citizen) and get married in India/US.

If you marry an Indian Girl without any US visa, then you might not be able to bring her here.
Click to expand...

Actually this is not true for all types of visa. H1, L1 are dual-intent visa. There should not be any problem for her to get these visas even if she is married before applying visa. Obviously she has to be qualified and eligible for H1 or L1 in her own merit and authentic job offer in USA.

On the other hand, F1 is purely non-immigrant intent visa. If she is married to a GC holder before applying visa, it's very unlikely she will get F1 visa. In addition, if she gets married in USA/India soon after getting F1 visa, that could be problem for future visa extensions too, especially if USCIS suspects that she obtained F1 visa for the purpose of getting married a GC holder and staying in USA with husband.
 
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so H1 is the way

How about that....
fix the girl and before the marriage do the H1 . marry after in India and
bring over here and do the family pettion green card
Is it possible guys ?
 
waterboy_dec said:
How about that....
fix the girl and before the marriage do the H1 . marry after in India and
bring over here and do the family pettion green card
Is it possible guys ?
Click to expand...


She can get H1 visa after getting married too. Immigrant intent cannot be a reason for H1 visa denial. Consulate is never going to deny her H1 visa just because she is married to a GC holder, provided she has qualification and her H1 job offer is not a fraud.
 
pralay said:
She can get H1 visa after getting married too. Immigrant intent cannot be a reason for H1 visa denial. Consulate is never going to deny her H1 visa just because she is married to a GC holder, provided she has qualification and her H1 job offer is not a fraud.
Click to expand...
ditto.. go H1 go..
 
What about Green Card family pettion

Thanks guys. some what we will get it H1 visa and bring over here.
after that how can we get GC. can we go for a GC Family pettion.
Is it works . If it is how long it takes. can she stay during the family pettion
before getting the EAD..
please clarify gurus..
 
waterboy_dec said:
Thanks guys. some what we will get it H1 visa and bring over here.
after that how can we get GC. can we go for a GC Family pettion.
Is it works . If it is how long it takes. can she stay during the family pettion
before getting the EAD..
please clarify gurus..
Click to expand...

Waterboy, My advise is to you is that file a H1 and let her get the visa first before the marriage. Let her come here and work for 6 months and then you can go to India and get married and she can come back on H1 itself and once you enter US, you can file for family based GC.

If you marry first and incase even if she has H1 and if H1 is denied for some reason (as nowadays they reject H1B even with all qualification and experience, you never know), then she might not be able to join you and you will go through lot of headaches and girls family will curse you for leaving their daughter there.

So think twice and act accordingly. Rest is upto you!

Good Luck!
 
Want GC Soon said:
And if H1 is denied for some reason (as nowadays they reject H1B even with all qualification and experience, you never know), then she might not be able to join you and you will go through lot of headaches and girls family will curse you for leaving their daughter there.
Click to expand...

Those who got rejected have various reasons for rejection - most of the times they are phony H1. For example, the company does not have ability to pay, or many cases company does not have office ("virtual office scam"), they are sponsoring fraudulant H1, company has past record of visa irregularities/frauds. Getting married to a GC holder certainly not one the reason for rejected. Just qualification is not sufficient to get a H1 visa. For most of the cases, it's due to the company (H1 sponsorer) that is responsible for visa rejection. If she is rejected it will be rejected independent of whether she is married or not.
 
waterboy_dec said:
Thanks guys. some what we will get it H1 visa and bring over here.
after that how can we get GC. can we go for a GC Family pettion.
Is it works . If it is how long it takes. can she stay during the family pettion
before getting the EAD..
please clarify gurus..
Click to expand...

In family based petition, you have to file I-130 for her after getting married. Once her I-130 is approved, she can either file I-485 or go for consular processing. But the problem is that, it will take 5+ years to be eligible for applying I-485 for her. Meanwhile if you get citizenship she will be able to file I-485 immediately. Unless she applies for I-485, she cannot get EAD. Until she applies for I-485 she needs an non-immigrant (preferably dual-intent) visa to stay in USA. For that reason H1 comes to picture. Basically she has to maintain her H1 until she applies for her I-485 (or consular procesing).
 
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