Options for Bringing Prospective Spouse to the US

ConfusedPR

New Member
Hello,
I am posting here for the first time. Hoping to get some useful pointers from all of you gurus out there. I got my greencard in November of 2001 - so I have a little less than two years' time before I can apply for citizenship. I want to get married and do not want to wait till I become a citizen. What are my options to bring my prospective spouse to the US? She has a Ph.D. in chemistry (not from a US university).

1. I did look around for a postdoctoral position for her - haven't been successful so far. I understand that, if she gets a postdoc position, she can apply for a H1B. This is the easiest option, however, I am not confindent about her success.

2. If the H1B route fails, is it possible for her to come here on a B-2 visa (say, for a conference), then we marry and I apply for her I-130. How long does one get on such (conference related) B-2 visas? Also, will it violate any provision of the immigration law to marry when on B-2 visa and immediately apply for I-130? Does me applying for an I-130 entitle my spouse to stay in the US till the petition is adjudicated?

3. What is the third option? Try for a F-1 visa?

If anyone of you have any knowledge/personal experience about these matters, please share them with me. I will really appreciate your help.

Thanks for reading my post.

CPR
 
Option 2 doesnt allow her to stay in US while I-130 is being processed.

Only in case of immediate relatives of US Citizens, an I-485 is allowed to be filed allong with an I-130 which allows the relative to continue his/her stay in US..


So you have Option 1 or 3 only till you become Citizen...
 
yeah don't have her come here on just a visitor visa

if you were already married to her you could bring her here on a v visa.

a work visa is the most ideal because if for some reason the i-130 gets denied then she can always fall back on the work visa.

the other good option is the f-1 visa simply because the are relatively easy to get.

Right now would be a good time to gather all the necessary documents like her birth certificate. Have her mail you an original one so that she doesn't get caught with it at the airport.

customs will start to ask questions.

immediately after she gets out of that airport you file that application. Seriously dont wait. Once that visa expires she will have zero status whether you two are married or not.

good luck
 
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