Visa Conflicts and Marriage questions

[AmazingTran 0]

Hi there,

I am having a problem what to do first or second. And I am not sure which route is proper and legal.

Currently, I am on my last stretch of H1B visa and will be submitting pre-wailing wage for my greencard process as EB2.

I am planning to marry my girlfriend end of next year as well and she lives in Cambodia.

Now, I am assuming if i get my greencard before than, should we marry first or should I sponsor her to come here as student (F1-visa). Or should she apply for a tourist visa.

If I get audit for my greencard, I think I will still be under H1B visa. Does this means I can bring her to USA as a non-working spouse?

With the current situation, currently I am 28 yrs old and she is 20 yrs old. And we have met for 3 months.

Hope someone can help us out.

Thanks!

[Boiler 45,663]

Forget the Student or Visitor Visa. H4 is the way to go.

[AmazingTran 0]

Boiler,

Thanks for the reply. I mistakenly read and thought was for spouse under 21 but is for children instead.

I guess the question is, what if i get my GC approved withing 6 months before we are married? Does this means I will not be on H1B status anymore and it is harder and longer delay time for her to come to the USA ?

I appreciate your replies.

AmazingTrans

Edited November 24, 2011 by AmazingTran

[Boiler 45,663]

Yes

Much longer

[AmazingTran 0]

1) What type of visa will she be looking at if i am a greencard holder? And how long she has to wait?

2) If her H4 visa got approved, and my GC got approved later on. What does she has to do? I read that the spouse has to leave the country and wait for another process and this cause a long family separation time? What application is better?

I hope to try to see what method I can do best and proper. And trying to wrap myself around this problem before i look for a lawyer as well.

Everybody help is much appreciate for our future.

Thanks again.

[Boiler 45,663]

F2A

3 or 4 years

Adjust with you

[AmazingTran 0]

So, I guess if the case is if I am GC before we gotten married. Is it best for her to have a tourist visa or student visa or any other visa so we can be together?

I can't bare to have my wife to wait for me for another 3 - 4 years, and it is pretty tiring that I have to travel back and forth to Asia to be with her. What other methods can we have?

Thanks!

[Boiler 45,663]

Her own H1 Visa?

Move?

[AmazingTran 0]

so, you mean she on a H1 visa which means get a sponsored job. or we move to another country right?

[Boiler 45,663]

Yes

There are no doubt other options, but that was a couple.

[AmazingTran 0]

Thank you for your opinions. At least I feel there is some hope.

Hope someone can give more opinions out there.

Cheers!

[Penguin_ie 5,994]

Student visas are fairly easy to get, but studying is expensive and she couldn't work.

Tourist visa means she can only stay in the US less than 6 months a year.

[AmazingTran 0]

Penguin,

Thanks for your tips. I didn't know that about tourist visa where she can't stay longer than 6 months.

Looks like seeking a H4 visa during my process in between H1B and GC is the best options.

1) Does anybody know how long does it take for a H4 visa to be processed after we are married for a month?

2) And i believe if i am married during my GC process, I will have to file another extra paperwork for my spouse?

What other options does anybody know out there?

Thanks for the replies! Please keep it coming.

[Boiler 45,663]

H4 would depend on appointment availability, pretty quick.

Does she have a Tourist Visa?

[AmazingTran 0]

She currently does not have a tourist visa. And on my end, i do not know what would be the best first step to proceed?

Would it be good to get her a tourist visa and send her affidavit of support for 1 month trip to usa? And from there we will get marry in the usa while i am on H1b?

Thanks!