Greencard person wants to marry

[Munderi 0]

Hi, I am new here and am not sure if this is the right place to ask this question. I am on green card for little more than a year now. I have found a girl who I want to marry. She is from India. I understand that under the normal circumstances my application for her visa is not going to be considered until I become a citizen. I am considering the possibility of bringing her here on a F-1 visa and get married here in USA after her arrival and then file for an AOS. I can pay for her tuition as this is going to be an investment in her future anyways. Is this a viable option? If not, what is my best bet apart from me leaving the country in order for us to unite? Getting an H1 on her own merit is also pretty much out of question. Thank you in advance for your help.

Edited February 2, 2011 by Munderi

[Harpa Timsah 13,258]

You can file a spousal petition for her, but since you are not a US Citizen, you will have to wait for an available visa number to be available to her. She would be in Category F2A, and they are currently working on applications from 2008 from India. See here: http://travel.state.gov/visa/bulletin/bulletin_5228.html

If she came on an F-1 student visa, there are 2 issues. The first is that she would also have to wait for her date to be current to AOS, so she'd have to wait 3 years, and maintain her status until then.

The second, is that you are trying to obtain a non-immigrant visa for her (F-1) with the intent to immigrate on it, and that is visa fraud. If she wanted to study here, applied on her own accord, and then decided to marry you after she had been here, that would be different, but you are clearly trying to obtain this student visa so she can immigrate here.

[RICARDO4EVA2 194]

Hi, I am new here and am not sure if this is the right place to ask this question. I am on green card for little more than a year now. I have found a girl who I want to marry. She is from India. I understand that under the normal circumstances my application for her visa is not going to be considered until I become a citizen. I am considering the possibility of bringing her here on a F-1 visa and get married here in USA after her arrival and then file for an AOS. I can pay for her tuition as this is going to be an investment in her future anyways. Is this a viable option? If not, what is my best bet apart from me leaving the country in order for us to unite? Getting an H1 on her own merit is also pretty much out of question. Thank you in advance for your help.

You can marry her.. however the process for her CURRENTLY will take approx 3 years based on the current cut off dates. Your application for her will be considered US citizens aren't allowed all the privileges GC holders share some* of them too..!

Edited February 2, 2011 by RICARDO4EVA2

[Inky 1,111]

Wrong place to ask about Visa Fraud.

[Munderi 0]

The second, is that you are trying to obtain a non-immigrant visa for her (F-1) with the intent to immigrate on it, and that is visa fraud. If she wanted to study here, applied on her own accord, and then decided to marry you after she had been here, that would be different, but you are clearly trying to obtain this student visa so she can immigrate here.

Thank you for your response. I agree since her applying to F-1 on her own accord now, with the ulterior motive to get settled here could be construed as fraud. I also agree, this is a way to circumvent the system since the intention is already known. But from a legal point of view if she applies for F-1 and gets approved without declaring her actual intent, and then we get married here after she comes here, could we be legally held responsible for such an act? If so, almost any student who come here on F-1 and later decides to settle here could be held liable on those ground. Just for the sake of argument one can say, I changed my intention after reaching here.

In fact, I myself came here on J-1 and then got a waiver for the 2 year rule and changed my status to H1B and then to EB1 green card. But in my case, I genuinely did not have an intent to settle here when I came in J1 though.

Edited February 2, 2011 by Munderi

[missaero 7]

I too came here with no intent to immigrate but I met someone, got married and am now applying for AOS from F-1 to permanent resident.

What you are describing is different as it is already premeditated and is visa fraud. She will be asked about her intent during her F-1 visa interview. You should never lie to USCIS, they record everything. Don't play with fire or you are likely to get burned.

[Munderi 0]

Can someone tell me whether the time to naturalization differ depending on how you got your green card? I got my greencard through EB-1 application. I am wondering if it is better to marry now and apply for the spouse visa or marry now and wait to become citizen and then apply for a spouse visa. Its been only a year since I got my green card. Once you become citizen, how long does it take for a spousal visa to be approved?

[RICARDO4EVA2 194]

Can someone tell me whether the time to naturalization differ depending on how you got your green card? I got my greencard through EB-1 application. I am wondering if it is better to marry now and apply for the spouse visa or marry now and wait to become citizen and then apply for a spouse visa. Its been only a year since I got my green card. Once you become citizen, how long does it take for a spousal visa to be approved?

no! you're just able to apply based on the 3 year or 5 year residency. in your case the 5 year residency would apply. It would probably we better now to marry and if your case still isn't approved then upgrade the case file with the NVC. If your case is there when you become a US Citizen then the process may times 2-3 months to be completed once they have proof to change your status

A US Citizen petitioning for a spouse takes 8-10 months on average. File now and so you will have your priority date.. wont have to deal with the fee increases from USCIS.

[buttercup212 1]

Wrong place to ask about Visa Fraud.

thank you so much for this public service reminder. you are our moral guiding light. wow. just. wow.

Edited February 4, 2011 by buttercup212

[Harsh_77 718]

Thank you for your response. I agree since her applying to F-1 on her own accord now, with the ulterior motive to get settled here could be construed as fraud. I also agree, this is a way to circumvent the system since the intention is already known. But from a legal point of view if she applies for F-1 and gets approved without declaring her actual intent, and then we get married here after she comes here, could we be legally held responsible for such an act? If so, almost any student who come here on F-1 and later decides to settle here could be held liable on those ground. Just for the sake of argument one can say, I changed my intention after reaching here.

In fact, I myself came here on J-1 and then got a waiver for the 2 year rule and changed my status to H1B and then to EB1 green card. But in my case, I genuinely did not have an intent to settle here when I came in J1 though.

In your case you did not have intent, but in her case you clearly have intent to bring her here on F1 and trying to circumvent the system and other people who have been waiting in line.

All you are asking is how to commit a visa fraud.