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Saving marriage...to GC or not to GC?

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  • Saving marriage...to GC or not to GC?

    Here is a situation:
    Husband was on H1, left US 5 yrs back for India & is a professional worker. Wife separated from husband, remained in US, also had an H1, applied for GC and is currently in adjustment of status, fingerprint is also done. She also has their US citizen child with her.
    Husband and wife now decide to rejoin after 5 yrs, and preferably stay in US. What options do they have, before time runs out?

    - he can go to US as visitor, wife then applies for spouse's adustment of status, then he can find a job & work in US. Both get their GC eventually.

    - wife comes to India on something like "advanced parole", then either both apply for consular processing in India or both return to US in a few months.

    The intent is to get GC status for both husband & wife, and let them decide where to stay together, save their marriage

    Are there any other options? How much time do they have typically before wife can apply for husband's adjustment of status?

    There is also a child support order in US with some arrears...both of them are not aware of its current status. But both would want to get rid of it. Can this order prevent husband from getting a B1 visa at consulate or entering US itself?

    Any part of full responses will be truly appreciated!!

  • #2
    Husband should go for H4 visa and after coming to US go for AOS if the PD is current. B2 route is not recommended due to having immigrant intent.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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