Immigration through Marriage FAQs

Watch the Video on this FAQ: Fastest method of getting spouse of a green card into the USA and reducing wait

Video Transcript

Normally if your husband is living in the United States, the consulate is not very easy going about giving visas because they suspect that once you enter your husband will apply for your green card. Hence getting a tourist visa itself is definitely questionable. Second is when you apply for a tourist visa any representations you make must be absolutely and meticulously truthful. You cannot make things up. Hence tourist visa is by no means guaranteed but certain visas like H-1, L-1, O-1 don't really care whether you have family living in the USA. So if she qualifies you could look at something like that. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Watch Video on this FAQ: The best methods for spouse of a green card holder to enter the USA

Video Transcript

As there is a gap between when you apply and when they can actually get some kind of a legal status it can be several years, so it becomes problematic for spouses of green card holders to stay outside the USA for that long. One option would be, if you in the interim become eligible for citizenship you can then upgrade the pending case of the spouse of a US citizen from the spouse of a green card holder. The other option is to get into a situation like H-1 or L-1 where a pending green card application doesn't matter. Even O-1 or E-1, E-2, E-3 visas. A tourist visa, student visa or a J visa would be a difficult option while a green card is going on, but not impossible. It is quite difficult to get those visas because they require nonimmigrant intent. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=2303

FAQ Transcript:

It will be wrong if you entered USA for a visit visa and had a preconceived intention of getting married. I think that would be considered as a fraud by the government. On the other hand, you entered USA wanting to visit and fell head over heels in love with somebody, I think in a case like this we can definitely go and do a green card if you can demonstrate that you had no preconceived intention then I think you are ok. 

My advice to people is don’t get married till you apply for a K-1 (fiancé visa) which would be a smart thing to do in a situation like this. It takes a few months or maybe more than a year.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=QvnIAm0nQJ8#t=99

FAQ Transcript

One of the problem with a student applying for a green card is that traveling could become an issue because if CBP stops you at the border they could say that her student status is questionable because she has immigrant intent. She could have the same problem if she is married and has applied for a green card when she tries to go for her OPT. So keep these two things in mind.  You may want to time the filing of marriage and the filing of I-130 after the OPT starts and not travel until the green card is actually in hand.

Looking at the Visa Bulletin which is a monthly estimation from the State Department of the dates that will be available in the following month, the latest one which is January 2015 (http://www.immigration.com/visa-bulletin/visa-bulletin-january-2015), and if we look at this in F2A category for Nepal which is “All Chargeability Areas  Except Those Listed” right now they are backed up to 15 April 2013. At least they are backed out for less than two years. It is reasonable to expect that the green card within a couple of years maybe two/two and half years.  But these dates can go up and down quite rapidly. Keep that in mind.

Typically Form I-130 is filed. Once that is filed you have to wait till the priority date becomes current.  When the priority date becomes current you file I- 485 and with the I-485 typically you file an application for employment authorization for advance parole to travel. Once you get the advance parole you can travel. At that point student status is no longer an issue.

So in a nutshell that is the process. When the time comes, the I-485 gets approved and she gets her green card.

Answer to question 2: That is incorrect there is a wait time.

Answer to question 3: That can happen only if the priority dates are current.

Answer to question 4: I-130 has to be applied before I-485 or will simply be returned and you will lose your fees and will have to file again. 

Answer to question 5: It does not look like it, but you can apply for H-1 because H-1 is immune from the problem of having a green card pending. F-1 has a problem and shhe can’t travel. But H-1 will not have that problem. I would suggest in this April apply for her H-1. That way you are good for three years and you can apply for her I-130 right away. She can travel freely once she gets her visa stamping. So it is a really good way to go.

Once he is a Citizen, he can apply for a K-3 and/or green card for you. Each one of them takes different times, usually less than a year.