Hi theta74,
1, What is the quickest way to bring the alien spouse to the US after marriage?
If you were a US citizen, you would have more options but as a Lawful
Permanent Resident (LPR), you really have only one way to bring your
wife to the U.S. The steps you will take are:
1) Get married in India
2) File Form I-130 along with other documents listed below.
3) Wait for the petition to be approved and the U.S. Consulate in
India to notify your wife.
4) Your wife will complete the visa process at the Consulate and be
free to join you in the U.S.
"Washington, D.C.- USCIS is now processing Form I-130, Petition for
Alien Relative, as a visa number becomes available. Filing and
approval of an I-130 relative petition is only the first step in
helping a relative immigrate to the United States. Eligible family
members must wait until there is a visa number available before they
can apply for an immigrant visa or adjustment of status to a lawful
permanent resident. This process will allow USCIS to concentrate
resources first on cases where visas are actually available. This
process should not delay the ability of one's relative to apply for an
immigrant visa or adjustment of status. Refer to www.state.gov/travel
to determine current visa availability dates.
If you are a U.S. Citizen or lawful permanent resident and plan to
file a petition for a qualifying relative, you are encouraged to file
as soon as you are eligible in order to establish your relatives place
in line even if the petition may not be decided for some time to come.
Upon filing, USCIS will send you a receipt that will establish a place
in line for a visa called a ?priority date?. USCIS will adjudicate
your Form I-130 prior to visa availability (or within six months if a
visa is immediately available upon filing)."
http://uscis.gov/graphics/publicaffairs/newsrels/I_130_07_01_04.pdf
Just so you know, here is the link with the latest visa availability
news (you'll have to get the updated version after you are married).
IMMIGRANT NUMBERS FOR SEPTEMBER 2005
http://travel.state.gov/visa/frvi/bulletin/bulletin_2616.html
>>> Instructions for filing the Form I-130, Petition for Alien Relative
Petitioning Procedures: Bringing a Spouse (Husband or Wife) to Live in
the United States
This information is for U.S. citizens and lawful permanent residents
who wish to petition for or ?sponsor? a spouse (husband or wife) to
live permanently in the U.S.
What Do I File?
If you are applying to bring your spouse to the U.S. to live, you will
need to file the following with the U.S. Citizenship and Immigration
Services:
* Form I-130, Petition for Alien Relative, with all required documentation
* A copy of your birth certificate showing your name, or your U.S. passport
* If you are a lawful permanent resident (LPR), a copy of your alien
registration receipt card
* Two completed and signed G-325A?s (one for you and one for your spouse)
* A copy of your civil marriage certificate
* A copy of any divorce decrees, death certificates, or annulment
decrees that would show that any previous marriage entered into by you
or your spouse was ended legally
* A color photo of you and one of your spouse (see Form I-130
instructions for photo requirements for details)
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 is available. If your spouse is outside of
the U.S. at the time of notification, he or she must go to the local
U.S. consulate to complete visa processing with the Department of
State issued visa number."
http://uscis.gov/graphics/howdoi/Appproc.htm
G-325A, Biographic Information
http://uscis.gov/graphics/formsfee/forms/g-325a.htm
New requirements for photograph
http://uscis.gov/graphics/publicaffairs/newsrels/04_08_02Photo_flyer.pdf
FORM I-130, Petition for Alien Relative
http://uscis.gov/graphics/formsfee/forms/I-130.htm
2, Is there a visa that allows the alien spouse (who is waiting on her
immigrant visa) to enter the US during the wait period (which is right
now about 3 or 4 years)? If so what visa is it? How long is it given for?
Under no circumstances should your wife enter the U.S. until her
petition has been approved and she has her visa. If the border
authorities found that she has a petition pending, they would most
certainly view her visit as an "intent to immigrate", something to
avoid.
>>> Additional Links of Interest
Processing Times:
https://egov.immigration.gov/cris/jsps/ptimes.jsp;jsessionid=eqO8DUrVCaS6
In case you don't get married for a couple of years, here are the
links to use as a U.S. citizen.
Nonimmigrant Visa for a Spouse (K-3)
http://travel.state.gov/visa/immigrants/types/types_1315.html#3a
Nonimmigrant Visa for a Fiance(e) (K-1)
http://travel.state.gov/visa/immigrants/types/types_1315.html#1d
I hope I've helped you sort this out. If you have any questions,
please post a clarification request and wait for me to respond before
closing/rating my answer.
Thank you,
hummer
I searched the USCIS website and was able to use my knowledge of the subject. |
Request for Answer Clarification by
theta74-ga
on
18 Aug 2005 20:34 PDT
Hummer,
Thanks for the quick response.
I didn't learn anything that I didn't already know. The answer you
list is basically what is widely known.
The reason I had question #2 there was because I know it takes about 4
to 5 years currently. So I wasn't looking for the known answer to
question #1.
If you can answer some related questions, I will consider it a valuable service.
1. Can a spouse who is waiting for the immigrant visa approval, apply
for a visitor's visa and come to the US? The visit is of course to
meet and be with the resident spouse in the US. If not why not?
2. Can a spouse who is waiting for the immigrant visa approval, apply
for a student visa and come to the US?
3A. Can I get my fiancee here to the US as a student (F1), or a worker
(H1 or L1) and then marry her here? If so, how much time should elapse
from entry into the US, before a marriage can happen without raising
any legal eyebrows?
3B. Once so married, can I then proceed to apply for a permanent
residency for my spouse? If so what is the process for that, and is it
subject to the same visa number dates?
As an extension to question 3B... if I get my citizenship (say in
early 2009), would my spouse still have to wait for the visa number
availability, or would it get upgraded, as I am a citizen?
Thanks.
|
Clarification of Answer by
hummer-ga
on
19 Aug 2005 07:46 PDT
Dear Valli,
Thank you for your clarification, I'm sorry you found my answer less
than adequate but I feel that I did answer your questions as posted,
I'm sorry if I misunderstood them. Your clarification questions are
much clearer, thank you, although they include questions about
something you had mentioned that you weren't interested in hearing
about ('Note, I am not looking for answers like "she can come here on
a F1, H1 or L1..." as those categories are meant for student or work
related immigration, which may not be feasible for the person that I
intend to marry.")
This is just a note to let you know that I'm working on your questions
and will post my research as soon as possible.
Again, I'm sorry for any misunderstandings,
Sincerely,
hummer
|
Clarification of Answer by
hummer-ga
on
19 Aug 2005 11:30 PDT
Hi again, Valli,
1. Can a spouse who is waiting for the immigrant visa approval, apply
for a visitor's visa and come to the US? The visit is of course to
meet and be with the resident spouse in the US. If not why not?
2. Can a spouse who is waiting for the immigrant visa approval, apply
for a student visa and come to the US?
As I stated in my original answer, the answer is "no" for both
questions and the reason is "intent to immigrate". It is up to the
visitor to prove at the border that they have no intent to establish
permanent residence in the United States. Border officials will access
immigration information about your wife's past and present entry,
departure, and stay, and other information stored in the government's
databases, including her pending I-130. Any attempt to enter the U.S.
will be seen as an "intent to immigrate" and she will be turned away
at the border.
"Given the fact that your wife is currently the beneficiary of a
family-based immigrant petition, she clearly has immigant intent.
This will preclude her from entering the United States under most
categories, in particular as a visitor or as a student. Therefore,
your strategy of having her enter as a visitor will fail if the INS
finds out about the pending petition. Once they find out that she is
coming to visit her husband who has permanent residence in the United
States, they will definitely ask it.
Even many nonimmigrant employment categories are out of the question
if an alien has immigrant intent. The two statutory exceptions are
the H and L categories. There is also some authority for permitting
aliens with pending immigrant petitions to enter under the TN or E
categories. While there may be some opportunity to work in the United
States prior to her acquiring permanent residence, I cannot comment
on her eligibility at this time."
http://www.americanlaw.com/q&a94.html
-------------------
Ok, Valli, here is the best thing to do:
1) Get married in India.
2) [you] File Form I-130 along with other documents already listed.
3) [you] Become a U.S. citizen as soon as possible.
4) [you] Inform USCIS of your citizenship and request an upgrade of the I-130.
5) [you] File I-129F AFTER you receive the Form I-797 Notice of Action
6) [your wife] Apply for K-3 visa
7) [your wife] Enter the US with the K-3
In order to upgrade the petition (# 4 above), you will need to send
the Service Center where your I-130 is being processed (Vermont, VSC,
Texas TSC, etc) a copy of your naturalization certificate along with
an appropriate form or letter (following is one for Texas).
I-130 Lawful Permanent Resident Upgraded to USC
http://www.immigration.com/newsletter1/i130touscintxservcenter.pdf
Once the I-130 is upgraded and you receive your I-797 Notice of
Action, your wife will be eligible to apply for a K-3 as I indicated
in my original answer under "additional links". This will entitle her
to come to the US to live and work while her petition is still
pending.
FORM I-130, Petition for Alien Relative
http://uscis.gov/graphics/formsfee/forms/I-130.htm
Nonimmigrant Visa for a Spouse (K-3)
http://travel.state.gov/visa/immigrants/types/types_1315.html#3a
STEPS TO TAKE FOR K-3 VISA
Overview:
How Do I Become a K-Nonimmigrant as the Spouse ...of a U.S. Citizen?
(K-3 ... Visa Classifications)
How Do I Apply?
http://uscis.gov/graphics/howdoi/hdiknonimm.htm
1) FILE FORM I-129F AFTER YOU RECEIVE FORM I-797
"You next file Petition for Alien Fiancé(e), form I-129F for your
spouse and children. Send the I-129F petition, supporting documents
and a copy of the Form I-797 receipt notice to this Department of
Homeland Security USCIS Address on their web site."
http://travel.state.gov/visa/immigrants_types_marriage2.html#3c
FORM I-129F, Petition for Alien Fiance(e)
http://uscis.gov/graphics/formsfee/forms/i-129f.htm
2) APPLY FOR VISA
A Spouse of a U.S. Citizen (K-3) Is Also an Immigrant
"The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3
applicant) must have an immigrant visa petition on his/her behalf by
the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen
(the K-3 applicant) must meet some of the requirements of an immigrant
visa."
Applying for a Visa
"The embassy or consulate where you, the spouse of an American
citizen, will apply for a K-3 visa must be in the country where your
marriage took place. Here are the procedures to apply. The embassy or
consulate will let you know any additional things to do, such as where
you need to go for the required medical examination. The following is
required:
* Two copies of form DS-156, Nonimmigrant Visa Application
* One DS-156K, Nonimmigrant Fiancé(e) Visa Application form
* Police certificates from all places lived in since the age of 16
* Birth certificates
* Marriage certificate for spouse
* Death and divorce certificates from any previous spouses
* Medical examination (except vaccinations)
* A passport valid for travel to the United States and with a
validity date at least six months beyond the applicant's intended
period of stay in the United States.
* Two nonimmigrant visa photos
* two inches/50 X 50 mm square, showing full face, against a light background)
* Proof of financial support (Form I-134 Affidavit of Support may
be requested.)
* Payment of fees, as explained below
http://travel.state.gov/visa/immigrants_types_marriage2.html#5c
FORM DS-156 Nonimmigrant Visa Applications::
http://evisaforms.state.gov/
3) ENTER THE U.S. WITH THE K-3
Yes, she will be all set and I'm sure you are already familiar with
the LPR Application process.
4) REGISTER FOR PERMANENT RESIDENCY
Application Procedures:
Becoming a Permanent Resident While in the United States
http://uscis.gov/graphics/howdoi/LPRApplication.htm
Permanent Residency (Green Card)
http://uscis.gov/graphics/faqsgen.htm#greencard
FORM I-485; FORM I-864; FORM I-693; package:
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf
Processing Times:
https://egov.immigration.gov/cris/jsps/ptimes.jsp;jsessionid=eqO8DUrVCaS6
_____________
3A. Can I get my fiancee here to the US as a student (F1), or a worker
(H1 or L1) and then marry her here? If so, how much time should elapse
from entry into the US, before a marriage can happen without raising
any legal eyebrows?
3B. Once so married, can I then proceed to apply for a permanent
residency for my spouse? If so what is the process for that, and is it
subject to the same visa number dates?
The H-4 would've been a good option before you got your LPR, but now
your best bet is as I described above. If your fiancee did manage to
enter the US as a student and you did get married, she would have to
apply for a waiver of the 2 year home country residency requirement.
If it weren't approved, she'd have to return to India for 2 years.
" The most common, and perhaps ideal, scenario is for the marriage to
occur while the primary spouse is maintaining nonimmigrant status that
permits dual intent, such as the H1-B. The H1-B spouse would travel to
the home country, marry, and return with the spouse, who would hold
H-4 status. They would then file I-485s simultaneously. If the primary
applicant files the I-485 previously, the derivative would simply file
the I-485 shortly after arrival in the US."
"Marriage after green card approval: If the marriage occurs after the
green card is approved, there is then a substantial wait before
immigration benefits can be conferred to the spouse. In this event,
the new spouse is a family-based (FB) preference relative, falling
within category FB 2A. The permanent resident spouse must file an
I-130 petition for the foreign national spouse and wait for the
priority date to become current to apply for the immigrant visa or
adjustment of status. The waiting time for priority date availability
in FB 2A has historically been from five to seven years. This
continues to be the case, as of April 2004. Therefore, there is an
enormous difference between marriage before the I-485 is approved and
marriage after its approval for employment-based applicants for the
green card."
http://www.expressitpeople.com/20040503/abroad2.shtml
"J-1 is one of the two "exchange visitor" visa types (the other is Q).
Exchange visitors enter the US for a specific purpose (usually
education or training). Many (but not all) exchange visitors that
enter the United States are subject to a 2-year home country residency
requirement. This means that after finishing their traing/education,
they return to their home country to share the knowledge, experience
and impressions gained during their stay in the United States. Unless
USCIS approves a waiver for this requirement, J-1 exchange visitors
must depart from the United States and live in their country of
residence for two years before they are allowed to change their visa
status. United States Citizenship and Immigration Services (USCIS)
website has more information on Exchange Visitor Visas and obtaining
waivers of the two-year home country residency requirement."
http://mail.med.upenn.edu/~devrim/family/j1.html
Exchange Visitors Visas:
http://uscis.gov/graphics/services/tempbenefits/exchvisit.htm
"You MUST have a waiver of J1 requirement before you can apply for
"Adjustment of Status". Therefore, make sure that you know whether you
are subject to the two-year rule. You can check your visa on your
passport, contact your country's consular service or even contact your
local USCIS office before doing anything else."
http://mail.med.upenn.edu/~devrim/family/j1.html
How Do I Get a Waiver of the Foreign Residence Requirement if I am an
Exchange Visitor?
http://uscis.gov/graphics/howdoi/exchvisit.htm
Waiver of the J Visa Two-Year Foreign Residence Requirement, 212(e)
http://travel.state.gov/visa/tempvisitors_info_waivers.html
To tell you the truth, Valli, I've worked hard on this response and
I'm feeling a bit punchy and my eyes need a rest. If, after looking at
all of the links I've suppled something still isn't clear, please let
me know and I'll try my best to help. There are no limits to the
number of clarifications that you are allowed to post and it is
important to me that you receive the best answer possible.
Sincerely,
hummer
|
Request for Answer Clarification by
theta74-ga
on
19 Aug 2005 13:46 PDT
Hummer,
Thank you very much for the clarification, it is informative.
Do you know about the V non-immigrant visa? Can it be applied to this
situation? Please look at ThinkThis's comment (down below) and my
comment to that (the last one below) requesting clarification of it.
Thanks,
Valli
|
Clarification of Answer by
hummer-ga
on
19 Aug 2005 15:22 PDT
Hi Valli,
Yes, I had noticed the comments but I thought perhaps thinkthis-ga
(who is not a GA researcher) would like to answer your question as it
was addressed to him/her. The V-Class seems like a good idea except
that it would've only applied in your situation if you had filed your
wife's petition before the enactment of the law (December 21, 2000).
That said, given that your marriage is not imminent, your US
citizenship and the K-3 visa will probably be the more timely option
anyway, even if the V-Class were open to your wife.
66 FR 19390 (22 CFR 41.86)
V Visas
What are the Requirements to Obtain Classification as a V1, V2, or V3 Nonimmigrant?
" In order to obtain classification as a nonimmigrant under V1 or V2
the alien applicant must first establish that a second preference
(F2A) petition (I-130) as the spouse or child of an LPR had been filed
in his or her name on or before the date the LIFE Act was enacted,
i.e., December 21, 2000."
http://www.washingtonwatchdog.org/documents/fr/01/ap/16/fr16ap01-6.html
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 214, 245, 248, 274a, and 299
[INS No. 2117-01; AG Order No. 2502-2001]
RIN 1115-AG08
V Nonimmigrant Classification; Spouses and Children of Lawful Permanent Residents
SUMMARY: This rule implements a new V nonimmigrant classification for
certain spouses and children of lawful permanent resident aliens that
was added by section 1102 of the Legal Immigration Family Equity Act
(LIFE) of 2000, Public Law 106-553, effective on December 21, 2000.
Who Is Eligible for V Nonimmigrant Status?
To be eligible for V nonimmigrant status, the alien must be the
beneficiary of an immigrant visa petition, Form I-130, Petition for
Alien Relative, that was filed by the LPR on or before December 21,
2000, under the F2A preference category of section 203(a)(2)(A) of the
Act (8 U.S.C. 1153(a)(2)(A)).
http://www.washingtonwatchdog.org/documents/fr/01/se/07/fr07se01-1.html
Hopefully you are finally seeing your way clear through all of this
but if you have anymore questions, please let me know.
Regards,
hummer
|
