I130

[HimaniG 0]

Hi Folks , 

 

I m LPR and I am about to get marry to my boy friend who is in India presently . My question is that what is the best possible way for my boyfriend to join me and stay with me for sometime . 

Because I have check USCIS site it shows to sponsor spouse F2A visa but it takes several months might be 2 years or more . I m confused that if he comes here as a visitor B2 visa we can maary and register or i should go back to india marry him and he can join me here on B2 Visa ?

 

Please guide folks .

 

Thanks in advance

 

[Georgia16 2,858]

If he has a visa already he fine fine to come and get married here and then you can start the process or you can go there and get married and start the process but he can not come with you or stay here while the process is going.

 

He will have to be in India for the medical and the visa interview. Expect the process to be 2 years for a GC holder to get a spouse to the US.

[HimaniG 0]

Hi 

 

Thanks for the reply . He don't have visa as of now . We were planning best possible way out .

 

[Ben&Zian 4,397]

Well as an LPR you can petition for him as a spouse, so he could come to the US and marry you, then you file for him, or you can go home and marry there and then file for him; but as said, a B2 is a tourist visa, it isn't ment to stay in the US on.

 

Processing for LPRs for spouses can be about 2 years time, as he also as mentioned would have to do a medical and interview in his home country.

[agripa 100]

20 minutes ago, HimaniG said:

Because I have check USCIS site it shows to sponsor spouse F2A visa but it takes several months might be 2 years or more . I m confused that if he comes here as a visitor B2 visa we can maary and register or i should go back to india marry him and he can join me here on B2 Visa ?

 

If he doesn't already have a tourist visa it's going to be nearly impossible for him to visit you. If he already has a visa, he may have a chance, but again it'll be difficult. The problem is to get a tourist visa he has to demonstrate strong ties to India and non-immigration intent. The problem is he has you, his fiance, who live and works in the United States; he's going to have to be honest and admit that his fiance (you) lives in the United States and that he wants to visit you. It sounds like you're hoping for him to live with you while the visa is processed. This is specifically what the consulate will seek to prevent; they're worried that he will come live with you (and adjust his status). Thus, getting a visa will be nearly impossible.

 

If he already has a visa, he can try and enter the country, but again he'll have to admit to the immigration officer that he intends to visit you (his wife or fiance) and there's a big chance that they will deny him entry into the country. You don't have much recourse and need to embrace the possibility that the two of you will be separated for quite some time.

[HimaniG 0]

In that case best way would be I go back to India marry my boyfriend and come back to US , apply I-130 for him . 

 

[Georgia16 2,858]

3 minutes ago, HimaniG said:

In that case best way would be I go back to India marry my boyfriend and come back to US , apply I-130 for him . 

 

Yes. Take plenty of pictures of your time together on the trip and with family save everything and also make more visits from that time and between his interview in 2 years.

[agripa 100]

Just now, HimaniG said:

In that case best way would be I go back to India marry my boyfriend and come back to US , apply I-130 for him . 

Yes, you're only long-term solution is to marry him in India and then come back to the US and apply for the I-130. You can, of course, try and apply for a tourist visa. It will not impact your I-130 application process at all. But if you do this, make sure you are 100% honest and tell the consulate exactly why you want a tourist visa (i.e., my wife lives there and I want to visit).

[HimaniG 0]

Thank you  folks . Your guidance is appreciated . Thanks for directing me with best possible solutions .