Foreign workers get spousal vias easier than US citizens.

[The_dip_sticks 0]

I hate the fact that foreigners who get sponsored to work in this country by companies are allowed to bring their spouse to the USA with out a problem, yet REAL Americans cant fly through getting a visa for their own spouses like them. I mean I have seen it time and time again and even with some university friends. While I'm happy for them I think its BS that we as AMERICAN CITIZENS are treated as second class when foreigner workers with work visas bring their significant other with out a single problem. Its unbelievable how many people I went to school with who brought their SO the min the married them. I mean they were only here on student visas while going to college. The min they graduated they got hired by companies that sponsored them and the next day they were off to countries like INDIA ect. They had their nice little marriage often times arranged as it is their custom and in a few cases its a love marriage. Any ways that's not the point..... well to make the long story short, after the wedding is over they are able to travel back to the USA with out a problem, bada beem bada boom along with with new dashing wife. THATS SO MUCH BULL s@#$#. If we as US citizens have to go through so much to get our significant other here why aren't the spouses of foreign workers given the same treatment? Perhaps I'm speaking out of spite, because of my situation but I do think its unfair that I'm a US citizen born and raised here and I have been waiting to get a frigging approval for my husbands visa from USCIS for over a damn year. I wish these other people would be give the same treatment. I mean to get a spousal or fiance Visa there has to be proof of having met with in the last two years and on going communication, proof that validates the relationship, joint accounts ect ect....but come on it frustrates the F out of me when people that I went to school with, went home because their mommy and daddy said it was time to get married and they plucked a nice little bride from from their home town. They meet the girl they get married and bring her back. If the SO's of the foreigners are going to be living here too like the rest of us they should go through the same long pain staking process the rest of us have to endure. I wish they had to full fill some list of requirements other than just producing a marriage certificate. They should be entitled to being put in AP and all that good stuff and have name checks and security checks and all that other good stuff. They should full fill the same requirements too, don't you think? I mean being that they seem to have a loop hole bring their spouses here so easily I see potential for fraud marriages there too and security threats also since these people will be living here. Granted, maybe they do have some type of check but it does not seem like its half the hassle that SO's of US citizens go through. Why should they get privileged and be jumped to the front of the line? I mean why not wait like the test of us do, their spouses are going to be living in this country permanent or not they will be here, and that's bottom line. The status that foreign worker spouses have here upon arrival does not matter, or whether they can work right away or not, my point is that they at least are given the option to come here right away, they are permitted to be reunited with their spouse with out any LONNNNNNNNNNG separation and they don't have to live apart, like the rest of us do. At least they have that option and we don't. Am I the only one that feels this way? Probably, ok I will go crawl under my hole now. bye aaaaggggggggggggg

[trailmix 77]

I think it would be nicer if it were the other way around and it was simply easier to bring your SO to the U.S.. - but I do get your point.

Edited August 31, 2007 by trailmix

[Imua 0]

Hoo, this really fries my tostada, didn't know that......

I'm chewing my nails off getting my K-3/I-130 petitions together with the sinking feeling in my heart that our petition is going to be denied anyway because G is younger than me by more than 10 years, we didn't know each other for long before marriage, etc. And I am thinking who the F&*( are these people that they can decide essentially who gets to be together - I have waited my whole life to meet a guy like G and there is the possibilty that we will not be able to make a life together thanks to the USCIS... I could live in Nepal just like that, get Nepali citizenship easily based on our marriage but there is so little work there... And meanwhile foreign workers can marry whomever they like after knowing each other for a week and just come together to the US???

The US is the only country that treats its own citizens like garbage. Do you know in Nepal, India and Thailand(to name a few) citizens get free or very cheap admissions to museums, etc. while foreigners have to pay 2-3 times that... The rationale is citizens pay for these attractions with their taxes... Yet if a foreigner goes to the Smithsonian(paid for by my tax dollars) he gets in free just like me... where is the fairness in that???

Rant over.

[rika60607 215]

Are you sure this is correct? That somebody who just received their GC through employment can just go and marry and bring their spouse without the same procedure we are going through?

I sooooo doubt.

As far as I know permanent residents petition for spousal GC just the same way as a USC would.

As far as I know it is not possible to travel on "oh, but we just got married" regardless of the way the LPR was received.

As far as I know it is indeed much faster to bring your spouse to US if you are on a non-immigrant visa (F1, J1), but then the spouse would also be on a non-immigrant visa. And both of you would be deported from the US if both spouses become unemployed or don't register for classes.

[rika60607 215]

"we as AMERICAN CITIZENS are treated as second class when foreigner workers with work visas bring their significant other with out a single problem. "

Well, even if you were correct, then AMERICAN CITIZENS are treated as a second class in respect to American COMPANIES who sponsor, pay and push the paperwork, not in respect to foreigners.

[Jasman0717 9]

"we as AMERICAN CITIZENS are treated as second class when foreigner workers with work visas bring their significant other with out a single problem. "

Well, even if you were correct, then AMERICAN CITIZENS are treated as a second class in respect to American COMPANIES who sponsor, pay and push the paperwork, not in respect to foreigners.

[mawilson 2,133]

There's another funny loophole.

When an H1-B worker becomes eligible to apply for permanent residence, he can marry

anyone and file I-485s for himself and his spouse at the same time. They both get

10-year green cards and there's no interview or governmental oversight of any kind.

In other words, if you want to marry someone for a green card, you're better off

marrying an H-1B visa holder than a US citizen.

[Heracles 417]

There's another funny loophole.

When an H1-B worker becomes eligible to apply for permanent residence, he can marry

anyone and file I-485s for himself and his spouse at the same time. They both get

10-year green cards and there's no interview or governmental oversight of any kind.

In other words, if you want to marry someone for a green card, you're better off

marrying an H-1B visa holder than a US citizen.

you're kidding right..

What a bloody joke and thus why the US immigration needs to be modernized..

[WifeOHunkyJohn 2]

There's another funny loophole.

When an H1-B worker becomes eligible to apply for permanent residence, he can marry

anyone and file I-485s for himself and his spouse at the same time. They both get

10-year green cards and there's no interview or governmental oversight of any kind.

In other words, if you want to marry someone for a green card, you're better off

marrying an H-1B visa holder than a US citizen.

Can you please quote your source.

I only managed to find the following...

How Do I Bring My Spouse (Husband or Wife) to Live in the United States?

This information is for U.S. citizens and lawful permanent residents who wish to bring a spouse to live permanently in the U.S.

Note: Information concerning the new K (advance admission for the spouse and children of a U.S. citizen) and new V (advance admission for the spouse and the minor children of a lawful permanent resident) nonimmigrant visa categories can be found on the Legal Immigration Family Equity (LIFE) Act page.

Definition of a Spouse

Before you file any documents, it is helpful to understand that “spouse” means lawful husband or wife. In order to successfully petition for an immigrant visa for your spouse, your relationship with your spouse must be established and your spouse must be admissible to the United States under the immigration law.

Overview of Immigration Process

A legal immigrant (or “lawful permanent resident”) is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your spouse to become a legal immigrant:

1.

The USCIS must approve an immigrant visa petition that you file for your spouse.

2.

The State Department visa bulletin must show that a spouse immigrant visa is available to your spouse, based on the date you filed the immigrant visa application.

3.

If your spouse is outside the United States when your visa petition is approved and when an immigrant visa number (if required) becomes available, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your spouse is legally inside the U.S. when your visa petition is approved and when an immigrant visa number (if required) becomes available, he or she may use the Form I-485 to apply to adjust his or her status to that of a lawful permanent resident.

For more eligibility information, see Who May Apply to Become A Lawful Permanent Resident While in the United States?

Read more about LPR eligibility information.

For more information on immigrant visa numbers, see How Do I Get an Immigrant Visa Number?

What Does the Law Say?

The Immigration and Nationality Act is the law that governs the admission of all immigrants to the United States. For the part of the law concerning immigrant visas for spouses, please see INA § 201, INA § 203, and INA § 204. The specific eligibility requirements and procedures for applying for immigrant visas and permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 204.1, 8 CFR § 204.2, and 8 CFR § 245.

Information for Citizens

If you are a U.S. citizen, your spouse is considered an immediate relative and is immediately eligible for an immigrant visa if your petition is approved. Generally, if your spouse is in the U.S. (through a lawful admission or parole) at the time you file the Form I-130, Petition for Alien Relative, your spouse may file a Form I-485, Application to Register Permanent Residence or to Adjust Status at the same time. For more information, your spouse should refer to How Do I Become a Lawful Permanent Resident While In the United States? If he or she is outside the U.S., your spouse will need to go to the nearest U.S. consulate to apply for an immigrant visa.

Information for Lawful Permanent Residents

If you are a lawful permanent resident and your petition for your spouse is approved, your spouse will be notified by the Department of State when a visa number becomes available. If your spouse is outside of the United States at the time of notification, he or she must then go to the local U.S. consulate to complete visa processing. If your spouse is inside the U.S. through a lawful admission or parole and is maintaining that status at the time of notification, he or she may file the Form I-485 when the visa number becomes available. If that is not the case but the petition was filed on or before 04/30/01, he or she may be eligible to benefit under section 245(i).

If you do not have the visa number issued by the Department of State, you must wait for a number to become current. Your spouse may need to depart the United States to avoid accruing unlawful presence. For more information, your spouse should refer to How Do I Become a Lawful Permanent Resident While In the United States?

If you were married to your spouse before you became a permanent resident, your spouse may be eligible to receive following-to-join benefits. This means that you would not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse would not have to wait any extra time for an immigrant visa to become available. See Petitioning Procedures for more information on following-to-join benefits.

Conditional Residence

If you have been married less than two years when your spouse is granted lawful permanent resident status, your spouse will receive permanent resident status on a conditional basis. You and your spouse must apply together to remove the conditions on residence. Please note – you must apply to remove conditional status within 90 days before the 2-year anniversary of the award date of your spouse’s conditional legal permanent resident status. If you fail to file during this time, your spouse will be considered out of status as of the 2-year anniversary, and may be subject to removal from the U.S. For more information, please see How Do I Remove the Conditions on Permanent Residence Based on Marriage?

How Do I File the Petition?

To find out how you can petition to have your spouse live in the U.S. permanently, please see Petitioning Procedures, which will help you identify what you and your spouse need to do. This link also provides information for your spouse on filing the I-485 at the same time you file the I-130 petition.

How Can I Check the Status of My Visa Petition?

To check the status of your visa petition, you will need to contact the USCIS office that received it. Full instructions can be found at Finding the Status of Your Case.

Can My Spouse Come to the U.S. to Live While the Visa Petition Is Pending?

If you are a U.S. Citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending. The Form to file for this benefit is Form I-129F. It is not necessary for your spouse to obtain a K-3 visa in order to come to the U.S. to live and work. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be a method for him or her to come to the U.S. more quickly.

If you are a Lawful Permanent Resident (LPR) and you have filed Form I-130 for your spouse and/or minor children on or before 12/21/00, your spouse and/or children may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information about V visa eligibility, see the 9/07/01 INS News Release, ">"INS Implements ‘V’ Nonimmigrant Provision of the LIFE Act".

Can Anyone Help Me?

If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to help you in applying for an immigration benefit. In addition, please see our information on obtaining free legal advice.

Information for Your Alien Relative

For more information on adjusting to permanent resident status, your spouse should refer to How Do I Become a Lawful Permanent Resident While In the United States?

This is what else I found:

How Do I Apply For Immigrant Status Based On Employment?

Questions on H1b visas

I didn't manage to find anything on H1b visas and marriage so please feel free to enlighten me. I am very curious

Best regards

Annie

Edited August 31, 2007 by WifeOHunkyJohn

[Jaseball 0]

The thing about this post is I never thought of the corporate America and H1B connection. It wouldn't surprise me if it was true, but it is sad and disgusting.

The problem here is if you never found a foreign spouse or had relatives wanting to come over here, why would you bother to look into the system and process?

The next problem is I'm doing all the steps now and think they are lame, the fees are insane, and the time frame is ridiculous, but if all this works out and I end up with my fiancee and we're together, why would I spend time to become an activist in a screwed up governmental process and organization?

Right now we're already the first groups who will be paying crazy fee increases for AOS and filing and such without gaining any benefit.

[WifeOHunkyJohn 2]

also found:

Dependents

Dependents (spouses and unmarried children under 21 years of age) of H-1B workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification.

and I found this:

How long can I stay in the U.S. on H4 visa?

Your H-4 status depends on the status of the principal H visa status. You lose your status once the H loses status.

Can I work on H-4 visa?

No, you may not work on H-4 visa in the U.S. The principal H visa holder has to support you.

Can I extend my stay on H-4 visa?

Yes, you may apply for extension of stay on H-4 visa. H4 extension may be granted as long as the principal H visa holder maintains status.

Note: Your status depends on the status of principal H visa status. You lose your H-4 status once the principal H visa holder loses status.

About 10 year green cards:

What is a Permanent Resident Card?

A Permanent Resident Card, commonly known as a Green Card, is evidence of your status as a lawful permanent resident with a right to live and work permanently in the United States. It also is evidence of your registration in accordance with United States immigration laws. The Permanent Resident Card is also called USCIS Form I-551.

Doesn't read, to me anyway, that they get a 10 year green card. They get residency based on the H1b visa duration and a marriage less than 2 years gets a conditional green card.

Feel free to correct me if anyone knows different.

[mawilson 2,133]

Doesn't read, to me anyway, that they get a 10 year green card. They get residency based on the H1b visa duration and a marriage less than 2 years gets a conditional green card.

Feel free to correct me if anyone knows different.

H1B visa holders can adjust status when certain conditions are met (Labor Certification

and their priority date needs to be current.)

When they adjust status, their spouses and dependents can adjust status with

them (from H4 or whatever status they had.)

[WifeOHunkyJohn 2]

But don't the spouses need to wait for a visa number?

[mawilson 2,133]

But don't the spouses need to wait for a visa number?

No - typically when a visa number becomes available for the primary applicant,

all the dependents get visas automatically.

It's the same for other categories as well. Say if a USC sponsors his sister,

when a visa number becomes available (which currently takes about 10 years),

his sister's husband and all her unmarried children under 21 will get immigrant

visas as well.

[bszoom42 0]

I don't believe a H4 status is given right away; I believe there is a one or two week application process to get the H4 status upon proving the relationship to the H1B.