Options for bring fiance/spouse after green card

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roystheman

New Member
I am a green card holder and got my green card December 2011. I am now planning on getting married to a girl from India. Once we get married we do not want to live apart for an extended period of time. I checked and it looks like the current wait is about 5 years to get the visa number. I heard that she may be able to come over to the US on an F1 or H1B, after we get married and then if we apply the processing would be quicker.
If we got married would it be a problem to get the F1/H1 given that I am in the US?
Also would it pose an issue when we apply for the green card for her.
Thank you for your help
 
See answers below in bold. H1 allows for dual intent, F1 does not.

http://en.wikipedia.org/wiki/Dual_intent

roystheman said:
I am a green card holder and got my green card December 2011. I am now planning on getting married to a girl from India. Once we get married we do not want to live apart for an extended period of time. I checked and it looks like the current wait is about 5 years to get the visa number. I heard that she may be able to come over to the US on an F1 or H1B, after we get married and then if we apply the processing would be quicker. Yes she may be able to come on H1 however the chances of being issued an F1 are significantly lower if you two are married. An no she being here is not going to make your process any faster. You're a green card holder, not citizen and thus her priority date will have to become current before she can adjust status. When/If you become a citizen, you can adjust the petition which will then be faster.
If we got married would it be a problem to get the F1/H1 given that I am in the US? No problem for H1, but big problem for the F1
Also would it pose an issue when we apply for the green card for her. Would not pose a problem when you apply for the green card
Thank you for your help
Click to expand...
 
Last edited by a moderator:
roystheman said:
I checked and it looks like the current wait is about 5 years to get the visa number.
Click to expand...
No, it's less than 3 years. The cutoff date in the latest visa bulletin is September 2010.

If we got married would it be a problem to get the F1/H1 given that I am in the US?
Click to expand...
That's a problem for her F1, but not H1B. The visa application requires applicants to declare if they have a spouse or fiance in the US. Even if she doesn't mention you on the application, the lie will be discovered later in the green card process once they review your relationship history and see that she got married before she applied for the visa or shortly after obtaining the visa.
 
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