Spouse based Green card 485 130

rsangal

New Member
My sister got engaged to a GC Holder in India. They will be getting married in July next year.

My sister does hold a 10 year multiple entry visa, she also has visited USA twice (in 97 and 99) before.

My question is that is there a way she can come to USA with her husband and not wait for 2-3 years in India.

One way, I was suggested is that she gets an admission / F1 visa and comes here. They get married in USA and then he applies for her 130. The only problem is that she cannot leave USA for next 2-3 years. I want to know is that legal.

I am also told another way is to get H1 visa. But it might be difficult to get one sitting in India.

Also, can her husband apply for 485 and 130 together or does he has to wait for the priority date for 130 which is 1998.

Please help! :confused:
 
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