Request on Information on Visa of Spouse of E31 Visa

[shaileshacharya14 0]

My Spouse received her visa on late May 2023. We got married on June 18 2023. And, She is scheduled to fly on July 4,2023. 

So, What could be earliest way that i would be with her? 

1. Here, they say Applying for E34 visa would be fast process rather than applying for CR1/IR1 visa. Is this statement true? 47

2. What would be time frame for E34 visa currently .

 

I would be thankful if somebody would assist me in this decision making. 

[SteveInBostonI130 3,402]

I do not believe it is possible for you to immigrate as her spouse.

 

From my understanding, you would have to have been married and listed as her spouse when her employer filled out and submitted the I-140.

 

I will defer to others who are more experienced in E visas.

[Boiler 45,282]

Your spouse obtained an employment based immigrant visa and will be traveling on Tuesday.

 

I think your only option looking at those timelines is for her to sponsor you as soon as she enters, F2a category which is retrogressed, maybe 3 years? Not going to be quick.

[igoyougoduke 1,643]

 

7 hours ago, shaileshacharya14 said:

My Spouse received her visa on late May 2023. We got married on June 18 2023. And, She is scheduled to fly on July 4,2023. 

So, What could be earliest way that i would be with her? 

1. Here, they say Applying for E34 visa would be fast process rather than applying for CR1/IR1 visa. Is this statement true? 47

2. What would be time frame for E34 visa currently .

 

I would be thankful if somebody would assist me in this decision making. 

she is already a green card holder so there is no e34 visa for you. as others have said she will sponsor under the green card holder sponsoring spouse category.  Right now the spouse category of green card holder has a priority date of 08SEP20 which mean it will be about 3+ years before you can immigrate to US

 

i would say get started asap. every day delay puts you back in line 

[Mike E 11,739]

8 hours ago, shaileshacharya14 said:

My Spouse received her visa on late May 2023. We got married on June 18 2023. And, She is scheduled to fly on July 4,2023

 

I have observed that when my H1-B colleagues got their EB-2 visa interview dates, more often than not, after flying to their homeland, their parents surprised them with an arranged marriage. So they married before their visa interviews. Their brides then interviewed with them, and the brides flew to the U.S. with derivative immigration visas.

 

So based on those observations, you should married before she had her interview, so that you could have been added as her derivative.

 

Now you are facing a 6 year wait as an F2A. 
 

She can file I-130 for you as soon as she arrives in the U.S. on her immigration visa.

[Boiler 45,282]

It could be 6 but that seems pessimistic

 

The odd thing here is she is leaving in 2 days and now you ask,?

[Mike E 11,739]

18 minutes ago, Boiler said:

It could be 6 but that seems pessimistic

At least 3 years before  visa number is supported to be available, assuming the dates move month for month. There has been no movement since April, when it regressed from C(urrent) to 2020. So optimistically more like 4.5 years before cases filed today are current per visa bulletin.

Then, realistically, the NVC / Embassy stall for another 1.5 years or more as we are seeing with F1, F2B, F3, and F4 cases, with the claim that despite the bulletin showing the PD as current, there really aren’t any visa numbers.

 

Pessimistically I could see it being 10 years, if everything goes wrong. Realistically some things will go right, and some will go wrong.

 

 

[M+K IL 102]

1 hour ago, Mike E said:

Pessimistically I could see it being 10 years, if everything goes wrong. Realistically some things will go right, and some will go wrong.

Worst case scenario is the wife naturalizes then sponsors IR-1 I guess? That should hopefully not be 10 years

[Boiler 45,282]

2 hours ago, M+K IL said:

Worst case scenario is the wife naturalizes then sponsors IR-1 I guess? That should hopefully not be 10 years

Yup

 

Now that would be a LDR and some.

 

Not convinced F2a will get that backlogged for various different reasons.

 

Hopefully the OP will come back and let is know what their plan is.

[SalishSea 17,717]

5 hours ago, Boiler said:

It could be 6 but that seems pessimistic

 

The odd thing here is she is leaving in 2 days and now you ask,?

Last minute marriage ‘just in case’?

[Boiler 45,282]

2 minutes ago, SalishSea said:

Last minute marriage ‘just in case’?

Possible

 

But how long does it take to find out what happens next? That is a lot easier and quicker than getting married.

 

To go through the EB process takes years.

[SalishSea 17,717]

Just now, Boiler said:

Possible

 

But how long does it take to find out what happens next? That is a lot easier and quicker than getting married.

 

To go through the EB process takes years.

Right, not sure what gave OP the idea that it would be a quick process.

[Demise 1,263]

14 hours ago, igoyougoduke said:

 

she is already a green card holder so there is no e34 visa for you. as others have said she will sponsor under the green card holder sponsoring spouse category.  Right now the spouse category of green card holder has a priority date of 08SEP20 which mean it will be about 3+ years before you can immigrate to US

 

i would say get started asap. every day delay puts you back in line 

Not an LPR until she arrives in US. According to 9 FAM 502.1-1(c)(2)(b)(2)(b), it does include spouses and children acquired before admission of the principal:

"Spouse or Child Acquired Before Admission of Principal Applicant:  A spouse or child acquired before a principal applicant’s admission to the United States is entitled to derivative status and the priority date of the principal applicant, regardless of the time which may pass between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant."

 

Messy situation but OP should be able to follow to join as an E34. According to ***removed*** (not the best source but google isn't being very helpful) the correct thing would be for OP's wife to show up at the consulate with her visa, marriage certificate, and a DS-260 for OP. If the consulate sent the case back then the correct thing would be to file I-824 and work from there.

Edited July 3, 2023 by Demise

[Mike E 11,739]

5 hours ago, Demise said:

Not an LPR until she arrives in US

IOW, tomorrow.

 

I do not disagree with your reference and I do not see all that happening. Especially since, if embassy is in the eastern hemisphere, by now it is closed for the holiday.

[Demise 1,263]

1 hour ago, Mike E said:

IOW, tomorrow.

 

I do not disagree with your reference and I do not see all that happening. Especially since, if embassy is in the eastern hemisphere, by now it is closed for the holiday.

Looking at the FAM the only requirement is that they're married before her entry, not necessarily that the steps to attach OP as a derivative are undertaken before her entry.

 

"... regardless of the time which may pass between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant."

 

Like obviously the consulate will be suspicious and might question the bona fides but there's a world of difference between "bring receipts" and "no, you can't do this". The other source that this site censors the name of also points out an option of contacting the consulate by mail to add OP as a FTJ.

Edited July 3, 2023 by Demise