Hey everyone, I’m a U.S. citizen and came across someone who lives and works in India that I would like to marry soon. However, I just came to know how flawed the US immigration policy is.. and I’m kinda lost because the relationship is going well. Any suggestions very much appreciated (no troll posts please). It seems like in order for me to marry I only have 2 paths: 1. Apply for a fiancé visa, have her come here and marry in USA. This is gonna take at least 15-24 months from what I’m reading to get the visa. 2. Marry in India (preferred because both of our families are in India) but then she would be stuck there for at least 24-30 months till she gets GC. This is really stupid because several of my friends are on work visas and they all married folks in India and were able to bring them over in a month (H4 visa I think). I get GC is more powerful but damn I just want to be together ASAP and it kinda sucks being a US citizen in that regard because we can’t apply for H4. Her visitor visa will get denied too once we apply for GC, wtf. Any suggestions?
She can enroll in a university and come on F1 visa. Though it's a non-immigrant visa but given you are a citizen, it'll be excused. (should get the F1 before marriage, otherwise it'll be denied).
Right that’s the other option. But she needs to prepare, write the GRE, apply, get in, come over and we need to wait for 90 days or something before we marry. Huge process on top of paying for masters!! Crazy Btw, do you know if we can marry in India if she comes over here on F1 visa and enrolls in a university. Or will she be denied on the way back?
How will they know she's married? Unless you apply for her adjustment of status, it won't get into the records.
Don’t do it brother. She be marrying you for that elusive GC. Find someone here.
Nah, I can sense those things. Wouldn’t reject for that reason at this point in our relationship.
How old are you vs she
Why don’t you ask immigration lawyer
Just want to make sure I’m not missing out on some simple solution. That’ll be our next step.
This guy is a loser
My dad married and got a GC for his wife. He consulted a lawyer to guide him through the process. Don't waste your time in blind, these techies and nerds don't know squat about laws.
Getting GC is not the issue. It’s living together while GC is being processed considering she lives and works in India..
I think these days GC is getting processed faster for the beneficiary in the US but you have already listed all the options- 1) bring her on a tourist visa or student visa and adjust status - you mentioned that it’s a visa fraud and that’s true but it’s forgiven very easily. 2) marry her and then wait for 1-2 years. This is going to be just an fast as bringing her on K1 visa.
Yup want to run this by a lawyer to see how risky is the visa fraud. Do you know if lawyers try to get you in through loop holes or do they strictly side with the law? Have never interacted with lawyers before. Still sucks there is no H4 visa provision.
Lawyers are all different (you can get a by the boom guy, or a Saul Goodman type), you should consult a few to see which one you'd work best with.
Same situation. I am a permanent resident and now marrying someone who's in India is basically impossible
Feel you. There may be loopholes like getting her in through visitor visa like Robinhood mentioned. Risky no guarantee though.
I was in same situation. But my wife had visitor’s visa to US before marriage. So we married in her home country and both of us entered US, me with my US passport and she used her visa. During the entrance, at the airport, the immigration officers brought us for more questioning but ultimately had to let her in when we declared we plan on having my wife return within 6 months and then apply for spouse visa. Later we just directly applied for green card while she was still here and never returned till we got our green card notices Definitely talk to a lawyer, and also use one of the immigration application services for her green card application
Yes this is exactly what we are thinking but we are nervous what will happen at the port of entry if the officer is not nice + idk consequences of immigration fraud by providing false info/intentions. But might be worth the risk. So your wife was able to stay without issues even after her visitor visa expired?
Did the same. Make sure you both go in separate lines and don't mention you are married. Both two separate tickets, not together.
I did this married an American, also know someone else who did. Get married in the USA makes things a lot easier. Lots of paperwork but once it's all submitted, can take 3 -24 months to get a GC.
I think you missed a point. When you bring her here as your fiancee, she will get a K1 visa. A friend of mine got her K1 and arrived in the US within 6 months. 15-24 months is for the entire process until she gets her green card. But as soon as she is here, and you apply for her i485, she will get her Travel Document and EAD within 6 months. She can work and travel freely. Even if she's lucky, she can get her GC within 6 months as well. While a person on H4 has way less options if their spouse hasn't gotten an approved i140 yet. Option 1 is way to go, man
Right but getting the K1 visa is like 15 months right now. We were planning to get married much earlier than that. Also kinda sad cuz we were really hoping to marry in India.
How long have you known this person? How did you meet?
1 yr. Through family friends. We were stupid enough not to look at immigration policies. I assumed it would at least be the same as it was for my friends who are on work visa here. But no US citizens being treated like shit.