Options to bring spouse into US after GC

[kishorev1]

I got my gc, If I marry now what are my options

1) If i marry a girl who is living outside of US, Can i apply her Advance parole, EAD (assuming my pd is current) and can she enter inbto USA with the AP?

2) Does she need to wait outside US until she gets GC?

3) What are my other options? Please let me know. Thanks,

 

[Jackolantern]

If you got married before the GC was approved, you could have used "follow to join" to bring her here soon, but now it is too late for that. A marriage-based green card will take some 5+ years since you are only a GC holder and not a citizen. She will have to wait outside the US during those years, unless she gets an H1 or L1.

Or if she gets an F-1 before marrying you, she could enter the US with the F-1 and marry you later on (but if she marries shortly after arriving with the F-1, it could cause trouble because it would be seen as arriving via F-1 with immigrant intent). But once she has the F-1 she can't leave the US without taking a big risk, because being married to GC holder or US citizen is seen as having immigrant intent, and F-1 (unlike H1/L1) requires nonimmigrant intent. And she would have to remain on the F-1 during the 5+ years it takes to become eligible to file the marriage-based I-485.

There are no good and simple options until you get citizenship (of course, that is aside from marrying somebody who doesn't need sponsorship, like a US citizen or GC holder).

 

[kishorev1]

Thanks for answering my questions. I really appreciate it, Can you please answer few of my concerns again.


So my only good option is to marry either H1 or L1.

My question here is:
If i marry a F1 student now, can i leave her in F1 status, and after 5+ years can i apply I48 for her.

 

[tusharvk]

applying for canadian pr is another option.

You need to get her in the GC queue right away. After you obtain citizenship for yourself, you can re-file the papers as a USC and obtain GC for spouse faster.

Thanks for answering my questions. I really appreciate it, Can you please answer few of my concerns again.


So my only good option is to marry either H1 or L1.

My question here is:
If i marry a F1 student now, can i leave her in F1 status, and after 5+ years can i apply I48 for her.

 

[Jackolantern]

My question here is:
If i marry a F1 student now, can i leave her in F1 status, and after 5+ years can i apply I48 for her.

Yes, but once the marriage takes place it becomes risky and problematic for her to re-enter the US or to extend F-1 status.

 

[gcWudBeHere]

Or marry the girl after she graduates, gets a job and changes her status to H1, which is a dual intent status.

Taking into account the amount of time it takes, this process seems much quicker - about 1 and 1/2 years...

Just a thought..

My question here is:
If i marry a F1 student now, can i leave her in F1 status, and after 5+ years can i apply I48 for her.