Regarding Spouse Visa

[paru2008]

Hi
I am from New York working as a Working as a Registered Nurse, I have been working here for the last 3 years with immigrant Visa,Am having Green Card also Please clarify my doubt,
Actually I got married six months back But My husband is in India now,
I would like to know the details of applying dependent visa in USA or any other visa through which I can take my husband here , we have updated the Marital status in the passport as Married and changed the corresponding Spouse name also.Please update me the details.

Regards

[C4us]

A GC for a spouse of a GC holder has a 5-6 year delay. Your spouse would need to qualify on a guest worker visa on his own qualifications. He also would be unlikely to be able to get F1 or B2 visas due to his marriage to a GC holder.

If you naturalize, he would be able to get an almost immediate (less than 1 year wait) GC on the basis of spouse of a US citizen.

I really wish people would investigate this BEFORE they marry!

[paru2008]

Thanks for your kind reply.But am not having citizenship so Is that possible for me to apply the F1 or B2 visa for my spouse .

A GC for a spouse of a GC holder has a 5-6 year delay. Your spouse would need to qualify on a guest worker visa on his own qualifications. He also would be unlikely to be able to get F1 or B2 visas due to his marriage to a GC holder.

If you naturalize, he would be able to get an almost immediate (less than 1 year wait) GC on the basis of spouse of a US citizen.

I really wish people would investigate this BEFORE they marry!

[C4us]

He is not likely to receive either. The spouse of a green card holder is assumed to have immigration intent which is explicitly prohibited for F1 and B1/B2 visa categories.

[paru2008]

Can u jst tell me in which way I have to approach to take my husband here.

[JStone]

Getting a work permit visa to your husband is the best option AFAIK.

[paru2008]

He is having H1B visa But due to the unavailability of project of his company they are not sending him.Its almost 9 months over after his H1B stambing.That's why we are planing for some other option please help us to find a solution.We are really down due to this bad situation. One more doubt I am having My Green Card am on Immigrant visa now Its going to complete 3 years now , when can I apply for citizenship so that I can take him without much difficulty I hope.

[JStone]

Regarding your eligibility to apply for citizenship, please check this - https://www.immihelp.com/us-naturalization-eligibility/

If he has a H1 visa, you can find a job for him and get the H1 transferred to the new employer. Check this forum to know more about H1 transfers.

HTH.

[JStone]

Also check this FAQ - https://www.immihelp.com/h1-visa-transfer-faq/

[C4us]

He needs to find a new employer who will file a new petition not under quota.

Depending on his area of specialty, it may be difficult due to the economic downturn in the US.

This is his best option since he will not qualify for a student visa fith your GC.

[hajamie]

Do you know anyone who could petition him?!
J.

[paru2008]

Hi Thanks for your valuable reply,
But he is not having his approval with him, I dont know whether they will give the approval or not for H1 Transfer,He is having only the stambed passport, IS that posible to Transfer H1 without the knoweldge of First employee, or Do we have to wait for five years please sugest a proper way for us.

Do you know anyone who could petition him?!
J.

[JStone]

Yes, it is possible to apply for a H1 transfer without the knowledge of his current employer.

Check Question-2 here: https://www.immihelp.com/h1-visa-transfer-faq/