Pl. help: Getting spouse into US

V

v_wind

Registered Users (C)
Hi,

I'm a legal permanent resident. After marriage, what is the quicketst way to get
my spouse, who is an Indian citizen, into the US? I've tried the F1 and H1 path,
but they've not worked out. I'm looking for a temporary visa for my spouse
before I find other alternatives. Pl help.

Thanks
 
JoeF said:
H1 and L1 are the only non-immigrant visas that allow immigration intent.
With a PR husband, she will not get any other non-immigrant visa.
.
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Does this mean even getting a visitor visa (B2) is impossible?
 
Yes, visitor visa is possible. spouse has every right to visit partners... Don't you think? Nobody can deny right to see her husband/wife whatever. Whats your lawyer told you?? talk to lawyer if you are too much concern.
 
JoeF said:
H1 and L1 are the only non-immigrant visas that allow immigration intent.
With a PR husband, she will not get any other non-immigrant visa.
Sorry, but that's the reality.
You can file an I-130 for her, but that won't get her into the US for the next 4-5 years, either.
Only once the PD for this category (Family 2A) is current, then she can get an immigrant visa.
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Hi,

Does one need to be in US to file an I-130 for the spouse? Can be done outside
from US?

Thanks
 
It is true that spouses have the right to be together, but a visitor visa is a non-immigrant visa without dual intent. In other words, if you are even "thinking" about immigrating, you do not qualify for one. A husband with a GC who has filed a I130 shows intention to immigrate.
 
v_wind said:
Hi,

Does one need to be in US to file an I-130 for the spouse? Can be done outside
from US?

Thanks
Click to expand...

No, spouse does not need to be in USA. Spouse can be outside USA. Once her I-130 gets approved, she need to wait for her priority date becomes current for visa number availability (there is waiting for Indian citizens). Once that is available, either she can go for consular interview (if she is outside USA) or file for her I-485 (if she is in USA).
 
v_windy, Visitor visa is possible. I know. Consult your lawyer, As I said earlier, spouse has every right to see their partners. So visitor visa is very much POSSIBLE.
 
of course possible

hi there. my sister was able to come to the US last april and visit me and my parents, although my parents have filed the papers for here (I-130). as far as i know she had no issues of getting the visa and the consular officer asked where do we live and what do we do. hope this helps, but again it is up to the consulate personnel ...... depends on what mood they are ......
 
JoeF said:
The I-130 is filed by the sponsor, i.e., you. The beneficiary can be abroad.
The I-485, filed by the beneficiary, can only be filed if the person is in legal status in the US. If the beneficiary is abroad when the PD becomes current, the person would not file an I-485, but get an Immigrant Visa from the consulate, and would become a PR when he or she enters the US with that IV.
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Can the sponsor file for I-130 from outside the US (say after obtaining REP and leaving the US), through an attorney in US? Or does the sponsor need to be in
US while filing for I-130 for the benificary?

Thanks
 
JoeF said:
I don't know if that is possible for PRs. I do know that it is possible for US citizens to file an I-130 abroad at the appropriate consulate. That is how the so-called Direct Consular Filing works. But for PRs, since PRs have to reside in the US, it may not be possible. I suggest you check with an immigration lawyer.
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Its really sucks. Picaso was suggesting to talk with lawyer, I think Picaso is right all the time but you with little or none knowledge, wasting everybody's time. But anyway , now as some other member suggested, visitor visa is possible, talk with lawyer immediately.
 
Guys, plz dont thro' in your opinion here based on personal attacks. The least
you can do is not to mislead ppol here who are seeking solutions to thier genuine problems. So give an honest opinion based on exp/knowledge.
 
follow Picaso's advice... Visitor visa should be possible so talk with lawyer immediately.

Joef follow your own advice and mind your own business and stop critisizing anybody at once.,Your lack of senses don't help anybody here.
 
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