bringing wife to US as green card holder

[gchldr80 0]

I am a green card holder and got it through previous marriage to a USC. Things did not work out in the previous marriage and I filed for a divorce waiver. The girl I want to marry now is outside US. I know it takes a long time to sponsor as gc holder and I don't want to do that till I get citizenship. What the best way we can stay together in U.S. Can she come on F1 visa as she wants to get her masters here. If so, how should the marriage and visa application be timed? Thanks.

[YuAndDan 153]

You can always marry now and then file an I-130 for a spouse visa, this WILL take time to get a visa number, you can always get it bumped up in priority once you naturalize and become a US Citizen.

The other option is for he to come here on a F-1 student visa, but MUST attend school, so that education IS the primary intent.

Once here can marry, however wont be able to adjust status based on this, you still need to become a USC to get the adjustment in the Unlimited class, OR you could file the I-130, and IF wife is still attending college when the VISA Number priority comes up, then could file an I-485 based on the case having a visa number.

I know of a couple near where I live that did similar, Green-Card holder and a F-1 student, they married and filed AOS shortly after green-card holder naturalized and became a US Citizen.

[marriedtomrg 141]

Depending on which country your future wife is based, the average processing time for a green card holder sponsoring a spouse is the same as a US citizen sponsoring a spouse. That would be a much better option for her rather than applying as an F1 student....and she wouldn't be paying international student fees.

I am a green card holder and got it through previous marriage to a USC. Things did not work out in the previous marriage and I filed for a divorce waiver. The girl I want to marry now is outside US. I know it takes a long time to sponsor as gc holder and I don't want to do that till I get citizenship. What the best way we can stay together in U.S. Can she come on F1 visa as she wants to get her masters here. If so, how should the marriage and visa application be timed? Thanks.

[RICARDO4EVA2 194]

i know it's very much possible.. however isnt this a bumpy road since he just got a divorce from his US Citizen spouse..?

??

I am a green card holder and got it through previous marriage to a USC. Things did not work out in the previous marriage and I filed for a divorce waiver. The girl I want to marry now is outside US. I know it takes a long time to sponsor as gc holder and I don't want to do that till I get citizenship. What the best way we can stay together in U.S. Can she come on F1 visa as she wants to get her masters here. If so, how should the marriage and visa application be timed? Thanks.

Welcome to VJ

[YuAndDan 153]

i know it's very much possible.. however isnt this a bumpy road since he just got a divorce from his US Citizen spouse..?

Yep, there will be some questions surrounding this.

This is one of those red-flags, first marriage can look like it was simply to get a foot-hold in the USA, so that can later bring over sweetheart from back home.

[milimelo 4,562]

i know it's very much possible.. however isnt this a bumpy road since he just got a divorce from his US Citizen spouse..?

??

It is - OP needs to read the instructions for I-130 especially the section who can NOT file and see if it applies to him.

[gchldr80 0]

Thanks every one for the replies. She want to complete her masters so if she comes here on F1, she will definately be going to school. Since I got my green card through marriage, I know it will not be simple for me to sponsor her right now. I think the law is to wait for 5 years or prove that previous marriage was in good faith (which I have already but will need to do again for next application). I don't want to do that right now since I am not even sure If I will still be living in US after a few years.

You guys recommended to get married here. That would be ideal as far as immigration is concerned however, family back home wants to do a traditional marriage. Is it possible to do traditional marriage there and civil marriage here once she is here?

[YuAndDan 153]

Thanks every one for the replies. She want to complete her masters so if she comes here on F1, she will definately be going to school. Since I got my green card through marriage, I know it will not be simple for me to sponsor her right now. I think the law is to wait for 5 years or prove that previous marriage was in good faith (which I have already but will need to do again for next application). I don't want to do that right now since I am not even sure If I will still be living in US after a few years.

You guys recommended to get married here. That would be ideal as far as immigration is concerned however, family back home wants to do a traditional marriage. Is it possible to do traditional marriage there and civil marriage here once she is here?

Depends on home country, in some places a marriage is a marriage.

This boarders on the gray areas, with regard to the F-1, need to consider the intent of the F-1, is it being used correctly, getting an education, or as a way to immigrate.

What I said before, if came over on F-1, started school, then perhaps a few months after that you get married and file the I-130 this will look like School IS the intent, and will continue to look this way if continued with studies. However, if for some way it comes up that there was a serious relationship and a symbolic "marriage" prior to getting F-1, then who knows how immigrations will handle this.

[gchldr80 0]

I am thinking I am not going to sponsor her for permanent residency at all. Since I do have intentions of moving out of U.S in a few years, there is no point of sponsoring when she cannot maintain her permanent resident status here in a few years. I just want her to be able to stay in U.S while I am here. Also yes might look like as if all this was preplanned but it is not. This is going to be an arranged marriage.