Options on moving to US before GC via marriage

P

pr_nadh

New Member
All,
I currently have a GC from the last 2 years and will be qualified to apply for citizenship in the next 3 years. Based on my research I have found that a US citizen's Spouse GC application processing does not have a waiting period as she qualifies as an immediate relative except for the processing time of the application.

But, I am planning to get married next year and cannot wait for 3 more years to get citizenship and then get married.

So I am exploring other options to bring my spouse to US before or after marriage. Below is what I have thought of until now.

#1 option) F1 visa
#2 option) H1 visa (only in case the above F1 visa doesnt work or gets rejected)

If any of the above does not pan out I was planning to apply the GC for my spouse based on my GC status and then temporarily move back to my native country until my US citizenship is approved and then upgrade my spouse GC to eliminate the waiting time.

So, Are the above, the right options?
if so, are they in the right order or prioritized appropriately?

My thought process was if F1 has been rejected, my spouse can apply for a H1 and then move to US. Is this the right approach?

If H1 is tried first and then gets rejected, Can my spouse apply for an F1 later? Would consulate look at this as desperation and reject the F1 visa as well?

Can H1 & F1 visa's be applied somewhat simultaneously? Is there a risk associated with this approach?


Please advise

Thanks for all your help in this matter in advance!
 
Okay...

F1 is a NON-immigrant visa. it's an absolute no-no - if you get married and then apply for F1 with an intent to immigrate, it will be immigration fraud. Don't do that - it's not an option for you.

I'm not familiar with H1 visas that well, but I know that they are considered dual intent, - you can get one and have an intent to reside in the U.S. permanently. If your spouse qualifies for an H1 (I've always had an impression that they're pretty hard to get, but seems like people get without any problems), it's great.

If you want to move to your native country temporarily for more than a year, you will need to take care of a re-entry permit - permanent residents who do not live in the U.S. for more than a year lose their green cards. To do it safely, you need to get a re-entry permit. I don't know what this process involves, but I'm sure there's lots of experienced posters on this forum, and they'll help you. You can also check on uscis.gov, of course.

If you get married now, and file a relative petition for your spouse, it will take a while, but as soon as you become USC, it will be approved right away.

Anyways, you can try H1 and you can go to your home country for a while - just make sure you have the right papers with you to be able to return to the U.S. in the future! But please, don't even try F1 - it's not gonna be approved, and it's dishonest to apply for that visa if you're planning to immigrate.

And of course, it's always better to discuss your options with an experienced immigration attorney :)

Good luck!
 
if you temporarily move back to your country, your eligibility for naturalization might be affected, i.e. the amount of time spent in the country. i stand corrected but i believe you have to show that you reside in america and that the total time you are outside the country has a limit on it.
 
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