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Options on moving to US before GC via marriage

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  • Options on moving to US before GC via marriage

    All,
    I currently have a GC from the last 2 years and will be qualified to apply for citizenship in the next 3 years. Based on my research I have found that a US citizen's Spouse GC application processing does not have a waiting period as she qualifies as an immediate relative except for the processing time of the application.

    But, I am planning to get married next year and cannot wait for 3 more years to get citizenship and then get married.

    So I am exploring other options to bring my spouse to US before or after marriage. Below is what I have thought of until now.

    #1 option) F1 visa
    #2 option) H1 visa (only in case the above F1 visa doesnt work or gets rejected)

    If any of the above does not pan out I was planning to apply the GC for my spouse based on my GC status and then temporarily move back to my native country until my US citizenship is approved and then upgrade my spouse GC to eliminate the waiting time.

    So, Are the above, the right options?
    if so, are they in the right order or prioritized appropriately?

    My thought process was if F1 has been rejected, my spouse can apply for a H1 and then move to US. Is this the right approach?

    If H1 is tried first and then gets rejected, Can my spouse apply for an F1 later? Would consulate look at this as desperation and reject the F1 visa as well?

    Can H1 & F1 visa's be applied somewhat simultaneously? Is there a risk associated with this approach?


    Please advise

    Thanks for all your help in this matter in advance!

  • #2
    You can apply for both visas, except he would need a sponsor to apply for H1B and the application needs to be made early...

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