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GC vs. Marriage.. I am in a complicated situation, not able to decide.

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  • GC vs. Marriage.. I am in a complicated situation, not able to decide.

    PD: April 2014
    Downgraded to EB-3 in Oct 2020, I-140 approved, received Combo card.
    My PD is current in the June bulletin under EB-2, so planning to interfile I-485 J in June.
    NOT YET submitted medicals. The lawyer suggested to wait for the RFE.
    My current H1-B ends in Jan 2023, have to submit a renewal in Sept or October(if GC is not approved by then).

    Now the problem is my marriage is fixed in August 2022. She is an Indian citizen staying in India.

    I am not sure what is the best way to bring her to the USA?
    Getting an H4 appointment after marriage is getting difficult. Already appointments are full till September 2022. If I try appointments after marriage in august, we may obtain by Jan 2023, but my H1-B extension might be in a pending state by then(I can try premium processing).

    Is it possible to bring her on H4 and add her to my pending I-485 application before getting my GC? It looks like some interfiled guys are getting GC in less than 2 months.

    In case if I get GC after marriage, the I-824 processing time is around 2 to 3 years to bring the spouse to the USA.

    If I got GC before marriage (mostly impossible because I have not yet submitted medicals), then the I-130 process is very long 4 years or more.

    The only best option I can see is asking the Lawyer not to interfile to EB-2 and wait for EB-3 to become current(not sure when it will happen) and meanwhile bring her on H4 and ADD her to my EB-3 pending application when the date becomes current?

    can I bring her to the USA on an F1 visa? because i-130 or i-824 take forever to process.

    Please suggest and let me know if I am missing anything or if they're any better options?
    Last edited by gprfaq; 05-19-2022, 07:42 PM.

  • #2
    Bringing someone with F1 visa with the intention to immigrate may present a lot of problems.

    My guess is that the correct path is to bring her on H4 but I'm no expert. Good luck.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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