Bringing wife of Permanent resident

[jonovatt 0]

Thanks everybody. You've been all very helpful and cleared up a lot of doubts I've had. At least. I'll now know what to tell my girlfriend's parents when I talk to them.

On a side note, it does seem unfair that a LPR has to wait this long if his/her spouse is from outside the country. I don't see any such restrictions for students on F1 or people who work on H1 ( who can bring their spouses on F2 & H4, respectively). LoL...

[Cathi 5,696]

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.

Coming here on an f1 with the intent to marry and adjust status is illegal and it's fraud. It amazes me the number of people who think this is actually legal, or think it's OK even when they are aware it's illegal. You will be denied with no appeal.

[vkrishn 97]

Coming here on an f1 with the intent to marry and adjust status is illegal and it's fraud. It amazes me the number of people who think this is actually legal, or think it's OK even when they are aware it's illegal. You will be denied with no appeal.

No one can stop a person from getting married after they come on F-1 , do their school for the time duration involved and its valid if they want to adjust status post marriage. He/She needs to study on F-1 genuinely and then adjust status after some time and has to be on Lawful F-1 until petition is approved for F2A. If you are going to abandon school after you come on F-1 and then marry yes that is fraud. But if the person has genuine interest of studying further and wants to get married after some time on her F-1 and adjust status don't see anything wrong and people have done it as well. It amzms me how people jump to the gun without hard facts!

What is fraud is this: Get married, Lie on your application that you aren't married and then try to come on F-1 or abandon school after coming on F-1 with in 6 months and try to adjust status.

Edited January 6, 2014 by vkrishn

[vkrishn 97]

Thanks everybody. You've been all very helpful and cleared up a lot of doubts I've had. At least. I'll now know what to tell my girlfriend's parents when I talk to them.

On a side note, it does seem unfair that a LPR has to wait this long if his/her spouse is from outside the country. I don't see any such restrictions for students on F1 or people who work on H1 ( who can bring their spouses on F2 & H4, respectively). LoL...

That is because F2 and H4 don't have the right to work and are dependant VISA's and can hop in the next day. When your spouse comes on F2A she also becomes a green card holder. Second, US government does not consider spouse of green card holders as Immediate relatives where as they consider Spouse of USC as immediate relatives (That logic beats me!) and hence have to go through the dreaded VB that gets released every month.