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Family visiting in visitors visa while F2A filing is in progress

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  • Family visiting in visitors visa while F2A filing is in progress

    I had got my GC recently under EB2 category.

    There is a likelihood of my marriage with a person based out in India.

    I understand that I need to file her GC under F2A category and it takes it own course of time to get the GC for her.

    1) While this process is going on , can she visit me on a visitor visa and go back within the stipulated time and come back again ?

    2) Will this hamper her GC filing ?

    3) If it is OK for visitor visa filing , is it better that she gets the visitor visa prior to her marriage ( on her own through her relatives) or after the marriage ( through me or her relatives) without hampering her F2A filing.

    4) if there are any other best options , please suggest me to get her into US.

    Thanks in advance.

  • #2
    visiting better i feel

    hey.. this is my personal experience..i am a doc who married another doctor in newyork after being in relation for about 1.5 years. our marriage was in dec 2013 in kerala, india. WE applied for immigrant visa in feb 2014..before that i had applied for a visiting visa in jan 2014 aftr our marriage. during that interview i was asked lot of questions and i felt almost like he is going to grant me visa. then the questions like #who is sponsoring? i said my husband.. # what is his visa status- PR.. they gave me passport back n told you have not provided sufficient ties to prove that you will come back( i had documents saying that i was still a student n i am going to attend my bro in laws marriage..) he told me to apply for immigrant visa

    then the next story.
    applied for immigration visa in feb 2014. then processing of spouse visas were at a very fast rate due to some changes in laws..so we were really in hope of getting a visa early..
    priority date- 11 FEB 2014. case WAS accepted and routed to the USCIS California Service Center for processing with Receipt Number WAC1490131873.

    i130 approved and sent to nvc - BY APRIL END

    AOS FEES PAID- MAY 28 2014

    CHOICE OF AGENT DS 261 FILED ON 26 JUNE 2014

    IV FEES PAID ON 13 AUGUST 2014

    DS 260 FILED ON 16 AUGUST 2014

    CASE COMPLETED AND INTERVIEW SCHEDULED ON OCTOBER 15 2014

    INTERVIEW IN MUMBAI CONSULATE ON 05 NOVEMBER 2014
    USCIS and NVC processing went through and I was interviewed at the Mumbai consulate on Nov 5 2014. However, during the interview, the consulate told me my processing was wrong and that the NVC had made a mistake in allotting CR1 category when, in fact my category should have been F2A for wife of a green card holder. I had previously alerted NVC on this fact by email ( for which I got no response) and telephone ( my husband was told everything was in order).

    the cosular who interviewd me apologised that i have to wait for few more months till my priority date becomes current.now current date is march 2013.so i have to wait another 1 year may be.me being a doc has to apply for usmle exams and residency there which made it difficult for me to apply for a visiting visa before marriage. if i had done that somehow i would have been there with him..


    SO MY OPINION IS IF YOUR WIFE DOESNT HAVE PLANS TO WORK SOON SHE BETTER APPLY FOR A NONIMMIGRANT VISA BEFORE MARRIAGE WITH HER WHOLE FAMILY WITH A VERY VALID REASON LIKE SOME FAMILY FUNCTION OR ANYTHING AND PROVIDE ALL NECESSARY DOCUMENTS.. DONT EVEN MENTION YOUR NAME.. IF SHE HAS A JOB HERE IN INDIA PROVIDE PROOF THAT SHE IS TAKING LEAVE FOR VISIT.. TAKE A CHANCE.. BUT BEWARE OF ONE THING .. I DONT KNOW IF YOU CAN APPLY FOR IMMIGRANT VISA WHILE SHE IS IN US WITH A VALID VISITING VISA. THERE IS SOMETHING LIKE VISA FRAUD. FOR THAT YOU CAN CHANGE VISA STATUS TO H1B( FIND A JOB WHICH WILL SPONSOR VISA) with h1b you can apply for immigrant.. BETTER CONSULT A LAWYER
    LET MY FATE DONT COME TO ANYONE ELSE..

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