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No hope for GC holder to get a spouse to the US?

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  • No hope for GC holder to get a spouse to the US?

    I'm a green card holder and I wish to marry my girlfriend, who is a Chinese citizen and who has never been to the US. Now, from all the information I can gather, it seems this will have to mean the end for my life in the US? Getting her a green card will take 5 years and during that time she won't be able to live in the US. The US embassy tells me she can apply for a non-immigrant visa to be able to visit the US, but that it may be difficult for her to prove she intends to return home if her spouse is a permanent resident. On the other hand, if I live abroad with her for 5 years I will lose my green card. Living separately for 5 years right after getting married... no thanks!

    Is the situation really so hopeless? I have been living in the US and paying taxes. I am a highly skilled programmer (I originally came to the US on a O-1 visa) and my consulting services are in high demand by various software companies. You would think having me stay in the US, provide my services, keep paying taxes and help the US companies, would be a benefit to the US. Can it really be that the only option for me is live in China and move all my business over there?

    I would like to apply for citizenship, but that also seems not possible. I have had my GC for 5 years, but during the past two years I've spent much of the time outside of the country. I still maintain my residence in the US and paid quite a bit of tax in the US last year, but technically I've been outside of the country for more than half of the year in both of the past two years. This would disqualify me from applying for citizenship for at least couple more years, correct? And if I keep staying away from the country for longer, the possible naturalization just keeps being pushed further away.

    Thanks for reading. IF there is anything I can do in order to live in the USA an WITH my soon to be wife, please help me out. If there is nothing to be done, I would like to know that too.

  • #2
    sorry..and good luck

    Yes, it's a pity that such are the immigration laws of this country. Since you say you are highly skilled/rich/great taxpayer etc etc...Have you thought about bringing ur "girlfriend" on a student visa (F1 category) or work vis (H1) and bear those expenses, "get married here"...then once you sort out your citizenship thing...sponsor her greencard ?

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    • #3
      Yes, you can try to bring her to US on a student visa before you get married.
      Or an H-1 visa, if she qualifies for it , before or after you get married.
      H1 visa has the advantage that you do not have to prove that you will return home after your stay in US, so it will work even after you are married.

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