Permanent resident marrying nonimmigrant

NeedHelp0001

New Member
Hello Everybody,

I need some help here. I am permanent resident (Lottery winner 05) married nonresident alien. What is the process of applying for permanent residency for my spouse? Any links or suggestions would be greatly appreciated.
Thank you
 
she can enroll in school as an F1 student- and obey all the ruls assciated with that visa until you become a citizen and can file for her.
 
No. She cannot obtain status through you for the next 5+ years, no matter what forms you file in what combination. Only citizens can immediate petition for their spouses. You have to wait 5+ years. As someone suggested she should maintain non-immigrant status, i.e. student status. To that end its helpful if you guys actually get _NOT_ married and wait until you are a citizen.
 
The State Dept's current "visa bulletin" lists wait times based on priority date and chargeable area (the intending immigrant's nationality). A GC holder sponsoring a spouse falls in the F2A category, which is current for Jun 2003 for most areas except Mexico.

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

If you are already married, its going to be very hard, or (more likely) impossible for her to be approved an F-1 student visa since she has already demonstrated immigrant intent. Another way she might legally stay in the country is to seek an employment based H-1 visa, but these too are hard to get due to 65,000/yr cap. Finally, there is also the E-3 investor visa, but that requires significant cash outlay, and starting a genuine business etc.

The first step you need to take to secure a priority date (PD), and hence start the 5yr clock is to submit an I-130. If you naturalize prior to the PD becoming current, you can upgrade the petition to immediate relative (IR) category and eliminate the remainder of the waiting time.

Finally, I would mention that your wife needs to be careful not to accrue unlawful presence, as this could cause complications further down the road. I can elaborate more if you aren't already familiar with the 3yr/10yr reentry bans, and the conditions under which unlawful presence can be forgiven.
 
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