Want to bring wife over

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kamal-31

Registered Users (C)
I apologize for asking this common question but someone told me its possible to bring my wife over if I have a GC. What I have is a GC with an AS6 category (asylum). I'm a resident since 4/2006. I will get citizenship probably a year (more or less?) after the 5 year period, which means I will get it around 4/2012, give or take. Until the time I get my citizenship, how can I keep my wife here? I dont know much but the options I can think of could be:
- She can come on an F-1 (will cost and she doesnt want to study) and then I can do an adjustment of status
- She can come on a Visitor visa and can keep extending the visa until some time?
- A friend has told me that if she comes here on a visitor visa, I can apply for her adjustment of status when she is here. The only thing is that she cannot travel outside the US for some time. Is this true?

Basically I want to keep her with me while I get my citizenship. What are my options?
 
kamal-31 said:
I apologize for asking this common question but someone told me its possible to bring my wife over if I have a GC. What I have is a GC with an AS6 category (asylum). I'm a resident since 4/2006. I will get citizenship probably a year (more or less?) after the 5 year period, which means I will get it around 4/2012, give or take. Until the time I get my citizenship, how can I keep my wife here? I dont know much but the options I can think of could be:
- She can come on an F-1 (will cost and she doesnt want to study) and then I can do an adjustment of status
- She can come on a Visitor visa and can keep extending the visa until some time?
- A friend has told me that if she comes here on a visitor visa, I can apply for her adjustment of status when she is here. The only thing is that she cannot travel outside the US for some time. Is this true?

Basically I want to keep her with me while I get my citizenship. What are my options?
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Ok, Kamal. The problem is not the adjustment of status (I-485). The problem is getting a visa to get inside the USA.- Remember, you already said she is married to you, so therefore she would have to disclose it on her application for any visa.

Some of the sample questions asked by the consular officer during interview are:

Why do you want to go abroad?
Why have you chosen this university?
Who will sponsor your education?
How will you pay for your stay in US?
Why do you want to go to US?
Why don't you study this course at your own country?
Why have you chosen this course?
Why have you decided to study now after two years gap?
Who is there from your family?
Who is the earner in your family?
What do you know about the course you've chosen?
What are your hobbies?
Do you intend to work in USA?
What do you know about your university?
What will you do after completion of your studies?
Does anybody from your family stay or study abroad?
How many years do you intend to stay in US?

Here are some of the steps she would have to take if she is a F-1 student:

http://www.ufic.ufl.edu/downloads/iss/Change_of_Visa.pdf
http://www.ufic.ufl.edu/downloads/iss/IntStudRespForm.pdf
http://www.ufic.ufl.edu/downloads/iss/i-539.pdf
http://www.ufic.ufl.edu/issdownloads.htm#9

If she comes on a B1/B2 visitor/business visa, she would have to disclose that you are living here and she is married to you.
And even if she was approved, you both have to file the I-485, I-130, I-765(work), I-131 (travel) when she is here.
Yes, it might be some time before she can travel outside unless she is an F-1 student.

And yes, you could apply sometime in Dec 2010 for citizenship, 4 years and 9 months.
 
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Thanks rick, I apologize - I have not married yet. She's my childhood friend's sister and she has her brother here in the US.

And even if she was approved, you both have to file the I-485, I-130, I-765(work), I-131 (travel) when she is here.
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So it is possible then? By that I mean: she comes here on a visitor visa (to see her brother) and I marry her here and I file for her adjustment and she cannot leave the US for some time until it gets done.
Until how long can she not leave the US? About 2 years?
 
If you are not a citizen, you'll have to wait 5-6 years before she can file the adjustment of status. She can't wait in the US legally for that long, unless she has another visa that will allow her to stay that long.

Even if you are a citizen, using a tourist visa for this purpose is not the right way to do things and can result in the green card being denied, especially if the marriage and AOS filing took place very quickly after arriving in the US.

For more details, ask in the Family Based Green Cards section.
 
... and even F1 is problematic since it does not permit immig intent, so F1 has no better chance of success than B1/B2.

Only H or L are viable entry statuses.
 
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