Urgent Help! US Citizen filing for Wife

[holistic_view 0]

Hi,

I am a US citizen (living in US) who recently got married to a Japanese citizen outside USA. We are trying to figure out a way that reduces her wait time outside the US. I have not filed for her I-130 immigration visa yet.

Some information about my Spouse:

My spouse is getting offered an H1 visa to work in the US.

Question--> We are thinking of having her come to the US on her H1 visa first and then file for the I-130. This way, she would not have to wait outside the US much. Do you think this is a good approach? Can there be any complications with this approach? Can USCIS deny the application saying that she should have entered on the immigration visa and not a H1 visa?

Thanks for reading and your help.

[Brusik 11]

CR1 Visa ... I130 form

takes 7-10 months so I been told for complete process

[Harpa Timsah 13,258]

H visa is dual intent so there are no intent issues/problems. What you are suggesting is fine. Good luck.

[holistic_view 0]

Thanks. I got married in Jan 2011. So i can show my original marriage date and apply for her change of status from H1 to spouse immigration. I will be applying for her change of status towards the end of 2011. USCIS won't have any issues that the marriage took place almost a year ago and we are filing after 1 year?

[Boiler 45,524]

Is the H1 from a non profit/education?

H1 is dual intent, you can wait as long a you want to.

[holistic_view 0]

Yes, H1 visa is from a university for a job...non-profit organization.

[Boiler 45,524]

Then that is going to be a lot quicker than a spousal visa and they pay!

[holistic_view 0]

Thanks for your help!

[Harsh_77 718]

Personally I dont think H1 would be granted by CO, but you can give a shot.