Bringing wife of Permanent resident

[jonovatt 0]

Hi all,

I received my 10 y green card in Jan 2011. Since then I have been in and out of the country before I finally settled in here June 2013. I met my girlfriend online in November 2013, and are hoping to get married in October this year in India. I am confused about hoe to bring her to the US with me after marriage.

I know some of the details of the 'adjustment of stay' process. Some of my friends have suggested that she could come here on a student visa and then get a civil marriage before applying for a adjustment of status. I am afraid we'll be charged with visa fraud or such if we do so.

Could anyone please guide me and show me the cleanest and quickest way that i could get her to come stay with me and eventually become a permanent resident.

Thanks.

[aleful 1,905]

hi

file the i130 for residency after you. it will probably take over 1 year.

if she comes on a student visa, she comes to study, if she doesn't then it is visa fraud just to the intent of marriage. if she get's it because she has to show proof she has income and no intent to stay in the US

[kzielu 1,147]

She will not be able to adjust the status until her priority date is current. File I-130 and wait.

[pmandeep 1]

I don't know a whole lot but based on what I have read here and information gathered. What you can do is apply for a K-1 (Fiancee Visa) for her and the processing time on those are short or so I have heard. Once she comes to the states, what you can do is register your marriage in states and then file for a Adjustment of status for her and she ends up getting her GC.

Otherwise what you can do is opt in for DCF in which case you would have to be in India for 6mos. and get married to her in India during your stay there and then you can go directly to delhi with her and file her petition and she gets her IR1/CR1 visa's.

Or the last one is going the I-130 route which most of the people tend to do if you cannot stay there for 6mos. I myself have filed I-130 for my wife and am waiting for NOA1. I know it will take about a year to completion but neither one of us mind it as she gets to stay back home for one more year with her family and friends before coming to states.

But again I know what I said here may be incorrect or incomplete information and hopefully some of the VJ Guru's here will be able to shed some light on it for you.

All the best!

Edited January 5, 2014 by pmandeep

[milimelo 4,237]

For starters, do realize that she will not be coming with you immediately after the marriage. There's processing and wait time included.

As an LPR, even if your wife obtained a tourist visa, she could not overstay and adjust status as visa number is not immediately available (and overstay is NOT forgiven for spouses of LPR). The current cutoff time for F2A visa (spouse of LPR) is September 2013 so if you file by December 2014 you will have some wait time ahead until wife gets her immigrant visa.

You can follow the visa bulletin that comes out monthly here: http://travel.state.gov/visa/bulletin/bulletin_1360.html

List of forms to file (all forms available for free on uscis.gov/forms)

I-130

G-325a - one for petitioner and one for beneficiary

G-1145 - optional - allows to get notifications via emails and/or texts when action is taken on your case

uscis.gov/I-130 has form instructions - READ those and follow - if it tells you to include copy of your LPR card front and back, include it. IT will also say how many photos you need and what size.

Here's the guide for USC's petitioning foreign spouses - most of the time the process will be the same for LPRs filing except they don't include proof of US citizenship but the copy of their gc. http://www.visajourney.com/content/i130guide1

I don't know a whole lot but based on what I have read here and information gathered. What you can do is apply for a K-1 (Fiancee Visa) for her and the processing time on those are short or so I have heard. Once she comes to the states, what you can do is register your marriage in states and then file for a Adjustment of status for her and she ends up getting her GC.

Pmandeep, please pay attention to what's said in the opening post. The petitioner is an LPR - K-1 visa is not an option for him. Neither is the DCF that you mention as visa number is not immediately available.

[aleful 1,905]

I don't know a whole lot but based on what I have read here and information gathered. What you can do is apply for a K-1 (Fiancee Visa) for her and the processing time on those are short or so I have heard. Once she comes to the states, what you can do is register your marriage in states and then file for a Adjustment of status for her and she ends up getting her GC.

Otherwise what you can do is opt in for DCF in which case you would have to be in India for 6mos. and get married to her in India during your stay there and then you can go directly to delhi with her and file her petition and she gets her IR1/CR1 visa's.

Or the last one is going the I-130 route which most of the people tend to do if you cannot stay there for 6mos. I myself have filed I-130 for my wife and am waiting for NOA1. I know it will take about a year to completion but neither one of us mind it as she gets to stay back home for one more year with her family and friends before coming to states.

But again I know what I said here may be incorrect or incomplete information and hopefully some of the VJ Guru's here will be able to shed some light on it for you.

All the best!

hi

he is only a LPR, K1 is only for fiancés of USC, so he cannot file for a fiancé visa

[pmandeep 1]

Pmandeep, please pay attention to what's said in the opening post. The petitioner is an LPR - K-1 visa is not an option for him. Neither is the DCF that you mention as visa number is not immediately available.

hi

he is only a LPR, K1 is only for fiancés of USC, so he cannot file for a fiancé visa

I am sorry I thought it was... sadly I was mistaken... I did however mention that my provided information would either be incomplete or incorrect... thank you for correcting my mistake and also providing me with the correct information.

[Ning 619]

I don't know a whole lot but based on what I have read here and information gathered. What you can do is apply for a K-1 (Fiancee Visa) for her and the processing time on those are short or so I have heard. Once she comes to the states, what you can do is register your marriage in states and then file for a Adjustment of status for her and she ends up getting her GC.

Otherwise what you can do is opt in for DCF in which case you would have to be in India for 6mos. and get married to her in India during your stay there and then you can go directly to delhi with her and file her petition and she gets her IR1/CR1 visa's.

Or the last one is going the I-130 route which most of the people tend to do if you cannot stay there for 6mos. I myself have filed I-130 for my wife and am waiting for NOA1. I know it will take about a year to completion but neither one of us mind it as she gets to stay back home for one more year with her family and friends before coming to states.

But again I know what I said here may be incorrect or incomplete information and hopefully some of the VJ Guru's here will be able to shed some light on it for you.

All the best!

Edited January 5, 2014 by Ning

[pmandeep 1]

It wouldn't be a matter of just staying there 6 months. He would have be a legal resident and want to make sure he could even file DCF in that country.

When choosing a visa type the country should be considered. India for example is a country where we see people going thru the K 1 process having a very difficult time in quite a few cases. There are many questions about the quality of relationship, religion ect that can cause the case to take much longer that the " short time " you describe. A P for example can be a black hole that is difficult to endure.

The more certain way is being married which allows the C R 1 path which they say they will do in October.

I understand that and I accept that I was misinformed like I mentioned before. Now let's try to get back to the topic and answer what the OP asked.

[vkrishn 97]

There are two ways:-

1) She comes on her own on a F-1 before marriage. So she should be single when she comes on F-1 assuming she can come on F-1 and she is interested to pursue a Master's or a higher program in the U.S. Lets say she comes on F-1, You guys get married here and you file I-130 and AOS (Adjustment of Status) it is still OK but you will come under the F2A category and she needs to be on F-1/H-1 (Valid visa) until the GC is approved. It might take an year or two to get her Green card but at least she can be in the U.S or in the same place as you are. Can she come on H-1/L-1 if she is already working in India? That would be another possibility for her to come to the U.S and then file I-130 under the F2A category.

2) If she does not want to come on F-1/H-1/L-1, then your only option is to file for I-130 and go through NVC processing and wait for VB to be current so that NVC will process your case. This a harder one as she cannot come to the U.S on any visa (unless its H-1 or L-1) to visit you during the I-130 or NVC process.

3) Least likelihood of happening: Immigration Reform bill that considers spouse of LPR as immediate relatives and don't have to worry about VB that comes every month.

Goodluck.

[evelyn1140 18]

Hi all,

I received my 10 y green card in Jan 2011. Since then I have been in and out of the country before I finally settled in here June 2013. I met my girlfriend online in November 2013, and are hoping to get married in October this year in India. I am confused about hoe to bring her to the US with me after marriage.

I know some of the details of the 'adjustment of stay' process. Some of my friends have suggested that she could come here on a student visa and then get a civil marriage before applying for a adjustment of status. I am afraid we'll be charged with visa fraud or such if we do so.

Could anyone please guide me and show me the cleanest and quickest way that i could get her to come stay with me and eventually become a permanent resident.

Thanks.

You can apply for the i130 but since you are not a citizen yet,It would take around 5 years for the whole process.

Green Card for a Family Member of a Permanent Resident

To promote family unity, immigration law allows permanent residents of the United States (green card holders) to petition for certain eligible relatives to come and live permanently in the United States. A permanent resident may petition for his/her spouse and unmarried child(ren) of any age to immigrate to the United States. Congress has limited the number of relatives who may immigrate under these categories each year so there is generally a waiting period before an immigrant visa number becomes available. If your family relationship qualifies you as an eligible relative of a U.S. permanent resident, then you are in what is called a “family preference category.”

This page discusses the steps required to get a green card for relatives of a permanent resident (in a Family 2nd Preference category).

Get a Green Card While Inside the United States

If you are currently in the United States and are one of the specified categories of relatives of a permanent resident, you may be able to become a permanent resident in two steps.

• Step One – Your permanent resident relative must file Form I-130, Petition for Alien Relative, for you and it must be approved. You must wait for your priority date in your immigrant visa category to become current. Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. permanent resident relative. For more information on priority dates, see the “Visa Availability & Priority Dates” page.

http://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-permanent-resident

Edited January 6, 2014 by evelyn1140

[sili 0]

HI All,

I am in usa and GC holder applied for spouse petition for my wife and got approved from uscis and case was sent to Nvc on 20th of dec 2013 where nvc received the letter from uscis on 27th 2013 and now I am waiting for further process from nvc.

but I am getting worried about mine visa process cause according to the poverty line I should have income about almost $20000 earned in 2013, started working since September 2013 and earned 15000apx below than required income in four months only so can I sponsor for my wife or not If I have this is the only source. and currently my work is going on.

[aleful 1,905]

HI All,

I am in usa and GC holder applied for spouse petition for my wife and got approved from uscis and case was sent to Nvc on 20th of dec 2013 where nvc received the letter from uscis on 27th 2013 and now I am waiting for further process from nvc.

but I am getting worried about mine visa process cause according to the poverty line I should have income about almost $20000 earned in 2013, started working since September 2013 and earned 15000apx below than required income in four months only so can I sponsor for my wife or not If I have this is the only source. and currently my work is going on.

hi, then you will need to find a joint sponsor, or have assets

[DanDaniel 0]

Hey evelyn1140,

Please stop saying 5 years...Have you seen dramatic movement in VB..so be positive!!

[Mockingjay 10]

Hi all,

I received my 10 y green card in Jan 2011. Since then I have been in and out of the country before I finally settled in here June 2013. I met my girlfriend online in November 2013, and are hoping to get married in October this year in India. I am confused about hoe to bring her to the US with me after marriage.

I know some of the details of the 'adjustment of stay' process. Some of my friends have suggested that she could come here on a student visa and then get a civil marriage before applying for a adjustment of status. I am afraid we'll be charged with visa fraud or such if we do so.

Could anyone please guide me and show me the cleanest and quickest way that i could get her to come stay with me and eventually become a permanent resident.

Thanks.

Marry her then apply for I130 (F2a category) it would take u 1-2yrs to be with her in America.