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I got my GC, now want to get Wife and Kids from India to immigrate to USA

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  • I got my GC, now want to get Wife and Kids from India to immigrate to USA

    I got my GC in October 2017. I am an indian passport holder.
    My wife and kids have Tourist visa for USA and have been visiting USA since last 2 years for a stay of 2 months every year. Wife and Kids live in India.

    I want to sponsor GC for my wife and kids.

    1. Do I need to file form I-130 in USA or in India with the US consulate? If in USA, how do i choose consular processing for my family, so their application gets processed in India?

    2. After filing of I-130 and getting a receipt, can they still use their existing Tourist visa to visit USA? It is valid for next 8 years. If not, does their US tourist visa gets invalid as I-130 has been filed?

    3. Do i need to file any other form after filing I-130 for consular processing?

    4. How long will it take for them to get GC ?

    5. After receiving I-130 receipt, Is it possible to get some sort of EAD/Advance Parole for them, so they can stay and study in USA until GC gets approved?

    Thanks
    Nikhil

  • #2
    Originally posted by jainnik007 View Post
    I got my GC in October 2017. I am an indian passport holder.
    My wife and kids have Tourist visa for USA and have been visiting USA since last 2 years for a stay of 2 months every year. Wife and Kids live in India.

    I want to sponsor GC for my wife and kids.

    1. Do I need to file form I-130 in USA or in India with the US consulate? If in USA, how do i choose consular processing for my family, so their application gets processed in India?

    2. After filing of I-130 and getting a receipt, can they still use their existing Tourist visa to visit USA? It is valid for next 8 years. If not, does their US tourist visa gets invalid as I-130 has been filed?

    3. Do i need to file any other form after filing I-130 for consular processing?

    4. How long will it take for them to get GC ?

    5. After receiving I-130 receipt, Is it possible to get some sort of EAD/Advance Parole for them, so they can stay and study in USA until GC gets approved?

    Thanks
    Nikhil
    Did you get any updates on this?. one of my friend is also in same situation... As per him, spouse/kids cant use tourist visa as it could be considered as immigrant intent. they can be sent back at POE...

    You need to apply for IMMIGRANT visa for them... pl update if you have other update..

    Comment


    • #3
      Key question is how did you get GC (what category), and whether you married before or after becoming a permanent resident.

      This is my personal opinion and is not to be construed as legal advice.

      Comment

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