Marrying a GC person

[Ranjanidove]

Hi,

My fiancee's GC is in progress, so he is not able to take me in his visa. I am here to get some help to go to US and living with him after marriage.

Here are my fiancee details:

He completed 7 years period on his L1A visa. He have valid visa until July 2018. He got GC EAD and AD on April 2018. He will be working on GC EAD ( Since his L1A expires on July 2018) from July 2018 to until he gets GC (But he can travel to india in AD). He is expecting GC on April 2019.

My Details:

I was working in Software for 7 years ( 1.5 years in US on L1B and 5.5 years in India ). Currently not working.


And, we both are divorced. This is our second life.

Now, even though he didnt get GC still, since he dont have valid visa, he is not able to take me with him.

So we are planning for my MS in US. And I am preparing for IELTS exams for F1 visa and College admission.


Here is the another plan where we need help:

We are hearing B2 option. Since my brother is in US, he is ready to process B2 for me. If so,

"i can get B2 from my brothers sponsership , and get married in india, then travel to my brothers place, then search for colleges if they are ready to give admission only based on my software experiences, if not then i can take IELTS exam and joining college. Then change the visa from B2 to F1, then applying GC for me with my hubby"


The above is the plan.. But we are suspecting there may be some issues while processing GC. USCIS may question us why you are taking B1 and changing F1 and processing GC.

So please help us to select the route which is good for us .. Option 1 : Direct F1 OR Option 2: B2 then F1 .

Also, Some of our friends are saying get married in US. Please give suggestion on this also.. Marriage should be in india or US to easy the GC process??


So we are in confusion which route we have to take and whats the sequence of the process. ( B2, mrge in india, travel, F1, GC) OR (B2, F1, mrge in US, GC) OR F1, Mrge in india, Travel, joining in college, GC).. OR any other suggestions??


Please give suggestions to us. Thanks in advance!

Ranjani

[newacct]

Hi,

My fiancee's GC is in progress, so he is not able to take me in his visa. I am here to get some help to go to US and living with him after marriage.

Here are my fiancee details:

He completed 7 years period on his L1A visa. He have valid visa until July 2018. He got GC EAD and AD on April 2018. He will be working on GC EAD ( Since his L1A expires on July 2018) from July 2018 to until he gets GC (But he can travel to india in AD). He is expecting GC on April 2019.

My Details:

I was working in Software for 7 years ( 1.5 years in US on L1B and 5.5 years in India ). Currently not working.


And, we both are divorced. This is our second life.

Now, even though he didnt get GC still, since he dont have valid visa, he is not able to take me with him.

So we are planning for my MS in US. And I am preparing for IELTS exams for F1 visa and College admission.


Here is the another plan where we need help:

We are hearing B2 option. Since my brother is in US, he is ready to process B2 for me. If so,

"i can get B2 from my brothers sponsership , and get married in india, then travel to my brothers place, then search for colleges if they are ready to give admission only based on my software experiences, if not then i can take IELTS exam and joining college. Then change the visa from B2 to F1, then applying GC for me with my hubby"


The above is the plan.. But we are suspecting there may be some issues while processing GC. USCIS may question us why you are taking B1 and changing F1 and processing GC.

So please help us to select the route which is good for us .. Option 1 : Direct F1 OR Option 2: B2 then F1 .

Also, Some of our friends are saying get married in US. Please give suggestion on this also.. Marriage should be in india or US to easy the GC process??


So we are in confusion which route we have to take and whats the sequence of the process. ( B2, mrge in india, travel, F1, GC) OR (B2, F1, mrge in US, GC) OR F1, Mrge in india, Travel, joining in college, GC).. OR any other suggestions??


Please give suggestions to us. Thanks in advance!

Ranjani

You should get married before he becomes a permanent resident (i.e. before his I-485 is approved). That way, you will be able to immigrate as his derivative beneficiary, either at the same time as or any time after he immigrates. Otherwise, if you get married after he becomes a permanent resident, you can only immigrate by him petitioning you, as the spouse of a permanent resident in the F2A category, which has a 2-year wait for visa numbers. On the other hand, if you immigrate as his derivative beneficiary, you will have the same category and priority date as him, so there will be little or no wait for visa numbers (since a visa number must have been available at the time he became a permanent resident).

The place of marriage doesn't matter for immigration purposes. It could be in India or in the US (assuming you can get in) or in some other country.

It is unlikely that you will be doing Adjustment of Status inside the US, as you are not supposed to enter on a visitor or student visa with intent to do AOS while there. And your fiance won't have a work status after July so you won't be able to get a dependent status. So you will likely be doing Consular Processing for an immigrant visa from India. In a case where the principal beneficiary is doing AOS and the derivative beneficiary is doing Consular Processing, he would file I-824 to request that, once his I-485 is approved, for the petition to be moved to NVC and the consulates to allow derivative beneficiaries to follow-to-join.

[cali2018]

You are complicating big time. He is L1A his company likes him. Get married get L2 then move to GC with him.

Your problem is you are not married.

[scientist2016]

As newacct pointed out, first and foremost you should get married before his GC petition is accepted. Banking on a non-immigrant visa like B2 or F1 to be able to do AOS is fraught with difficulties. Not that you should not try, but getting a visitor visa given your profile is difficult to begin with. If the VO finds about your current situation, your chances of getting the above visas are nil. But if you get married prior to your fiance's GC approval, the wait time is greatly reduced for you to immigrate.

- - - Updated - - -

You are complicating big time. He is L1A his company likes him. Get married get L2 then move to GC with him.

Your problem is you are not married.

The OP has mentioned that her fiance's L1 expires in July 2018. So L2 is out of question.