Immigration Voice - Forums
Register Get Involved Contact Lawmakers Contact Media Latest Posts Image Image Image Image

Go Back   Immigration Voice > Towards Citizenship > Life after Greencard
Click to log in with Facebook
advertisement
 

Donation Goal
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
Donate Now
Please contribute to Immigration Voice.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 10-13-2008, 12:56 PM
Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
02/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Nov 2007
Posts: 53
suresh.emails is just really nice suresh.emails is just really nice suresh.emails is just really nice suresh.emails is just really nice suresh.emails is just really nice
Smile How does Family Based (FB) Green Card processing works

Recently, my Green Card (GC) has been approved.

I was supposed to get married on August 3írd week and my GC was approved on August first week. So, as usual, I could not get my future wife as dependent.

When I have posted a thread on this website about my course of action on how to get my future wife to USA, there were lots of suggestions. I chose and followed one of them. (In fact my attorney had advised me the same).

I got my future wife on F1 visa (this is the quickest way one can process visa status compare to any other available visa types). Finally, I have my future wife here in USA on student visa. She is going to school on full time basis.

Now, we are planning to get married and add my wife as my dependent. I wanted to apply her Green Card on family based (FB) quota.

I have few questions in this regard.

1. What would happen to her F1 visa status immediate after our marriage?
2. Can she live here in USA on same F1 status and continue going to school?.
3. What status would she enter into upon processing family based (FB) quota visa starts?
4. Is she eligible to apply for EAD? (Since she is in USA) and married to a legal GC holder.
5. How long will it take to get her GC processed?

I want only genuine answers/suggestions.

I donít want any wrong advices. Iím neither interested nor willing follow any loopholes and wrong advises.
__________________
Member of IV Virginia Chapter
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 10-13-2008, 01:11 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Nov 2007
Posts: 873
Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute
Default

Quote:
Originally Posted by suresh.emails View Post
Recently, my Green Card (GC) has been approved.

I was supposed to get married on August 3’rd week and my GC was approved on August first week. So, as usual, I could not get my future wife as dependent.

When I have posted a thread on this website about my course of action on how to get my future wife to USA, there were lots of suggestions. I chose and followed one of them. (In fact my attorney had advised me the same).

I got my future wife on F1 visa (this is the quickest way one can process visa status compare to any other available visa types). Finally, I have my future wife here in USA on student visa. She is going to school on full time basis.

Now, we are planning to get married and add my wife as my dependent. I wanted to apply her Green Card on family based (FB) quota.

I have few questions in this regard.

1. What would happen to her F1 visa status immediate after our marriage?
2. Can she live here in USA on same F1 status and continue going to school?.
3. What status would she enter into upon processing family based (FB) quota visa starts?
4. Is she eligible to apply for EAD? (Since she is in USA) and married to a legal GC holder.
5. How long will it take to get her GC processed?

I want only genuine answers/suggestions.

I don’t want any wrong advices. I’m neither interested nor willing follow any loopholes and wrong advises.
Answer: For India based people, as I understand
======
1. She will continue on F1
2. Yes
3. Processing starts with I130. Visa number may become current after 5-10 years for spouses of permanent residents, counted from the date I130 is applied.
4. When Visa number becomes current she can apply for EAD also
5. It will take so much time that you may prefer becoming citizen and transfering her GC processing from spouse of Permanent Resident to spouse of Citizen. Her PD (I130) of GC based on spouse of Permanent Resident may not be of use because, spouse of Citizen is always current.

Correct me if my understanding is wrong.

BOTTOM LINE IS US IMMIGRATION LAWS ENCOURAGES GC HOLDERS TO MARRY US CITIZENS AND GC HOLDERS, OTHERWISE IT MAY BE TRAP FOR SPOUSE (AND CHILDREN).
__________________
PD: 03/10/2005, EB2-I, I485 approved on 07/14/2010

Last edited by Dhundhun; 10-13-2008 at 01:16 PM.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 10-13-2008, 03:58 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
11/01/2006
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Mar 2007
Posts: 157
deba is a jewel in the rough deba is a jewel in the rough deba is a jewel in the rough deba is a jewel in the rough
Default

suresh.emails, I tried to send you a pm, it wasn't allowed tho. I am in the same boat, if you could please send me a pm, would like to discuss. Thanks

Quote:
Originally Posted by suresh.emails View Post
Recently, my Green Card (GC) has been approved.

I was supposed to get married on August 3írd week and my GC was approved on August first week. So, as usual, I could not get my future wife as dependent.

When I have posted a thread on this website about my course of action on how to get my future wife to USA, there were lots of suggestions. I chose and followed one of them. (In fact my attorney had advised me the same).

I got my future wife on F1 visa (this is the quickest way one can process visa status compare to any other available visa types). Finally, I have my future wife here in USA on student visa. She is going to school on full time basis.

Now, we are planning to get married and add my wife as my dependent. I wanted to apply her Green Card on family based (FB) quota.

I have few questions in this regard.

1. What would happen to her F1 visa status immediate after our marriage?
2. Can she live here in USA on same F1 status and continue going to school?.
3. What status would she enter into upon processing family based (FB) quota visa starts?
4. Is she eligible to apply for EAD? (Since she is in USA) and married to a legal GC holder.
5. How long will it take to get her GC processed?

I want only genuine answers/suggestions.

I donít want any wrong advices. Iím neither interested nor willing follow any loopholes and wrong advises.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 10-13-2008, 05:04 PM
Senior Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
01/01/2000
Chargeability
:
Brazil
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2000
Compare
Join Date: Jan 2006
Posts: 580
Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future
Default

Keep in mind that F1 is not a dual intent visa. It is a strict non-immigrant visa. If the applicant has the pre-conceived intent of acquring permanant residency based on I-130 before arriving in US, and using F1 for immigration (GC) purpose, it will consitutes as a fraud.

Consult a attorney.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 10-13-2008, 05:22 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Nov 2007
Posts: 873
Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute Dhundhun has a reputation beyond repute
Default

Quote:
Originally Posted by Ramba View Post
Keep in mind that F1 is not a dual intent visa. It is a strict non-immigrant visa. If the applicant has the pre-conceived intent of acquring permanant residency based on I-130 before arriving in US, and using F1 for immigration (GC) purpose, it will consitutes as a fraud.

Consult a attorney.
If I130 is filed, while spouse in in India, likelyhood is that F1 will be denied.

IV member "suresh.emails" first brought "would be" on F1, then planning to marry. This is lesser problem.
__________________
PD: 03/10/2005, EB2-I, I485 approved on 07/14/2010
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 10-13-2008, 05:31 PM
Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
02/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Nov 2007
Posts: 53
suresh.emails is just really nice suresh.emails is just really nice suresh.emails is just really nice suresh.emails is just really nice suresh.emails is just really nice
Default What is right and what is wrong...

While filling DS-156 form for F1 (student) visa, my "fiancee" have clearly specified that, she has her "fiance" is in USA and working. (there is a specific column for that).

In fact, I'm the one, who sponsored her studies. My "fiancee" is my second cousin. While bringing her into USA, I have clearly mentioned to POE (Port of entry) officer, that she is my cousin and got her into Resident/Citizen line for immigration.

Where is the question of fraud. When every information is clearly mentioned in the application while applying for F1 visa.

F1 is a non-immigrant visa, even H1-B is a non-immigrant visa. US systems allows to convert F1 into H1-B upon completion of studies or allows to be on CPT and OPT for a total of 12 and 29 months respectively.

Later, there is a special H1-B quota using which Master's student can apply for working visa (H1-B). Which is single intent visa and allows to apply for Green Card (GC).

Every thing is straight forward and USA systems allows it.

I still don't understand why people fear and when no mistake is committed.
Does not this called a loopwhole and systems is allowing fraud?.

What is fraud and what is not; when system is allowing.

Is it some thing wrong/fraud of getting married to some one whom you like and who is already here in USA.

Just because one has Green Card, does it mean one should drop out engaged girl from (Home country) India and get marry to some one who is working here or a Citizen. Does some ethics allows it?.

I'm ready to throw out my Green Card and go back to my country; if some one says i'm wrong.
__________________
Member of IV Virginia Chapter
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 10-13-2008, 05:58 PM
Senior Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
01/01/2000
Chargeability
:
Brazil
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2000
Compare
Join Date: Jan 2006
Posts: 580
Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future
Default

Quote:
Originally Posted by suresh.emails View Post
While filling DS-156 form for F1 (student) visa, my "fiancee" have clearly specified that, she has her "fiance" is in USA and working. (there is a specific column for that).

In fact, I'm the one, who sponsored her studies. My "fiancee" is my second cousin. While bringing her into USA, I have clearly mentioned to POE (Port of entry) officer, that she is my cousin and got her into Resident/Citizen line for immigration.

Where is the question of fraud. When every information is clearly mentioned in the application while applying for F1 visa.

F1 is a non-immigrant visa, even H1-B is a non-immigrant visa. US systems allows to convert F1 into H1-B upon completion of studies or allows to be on CPT and OPT for a total of 12 and 29 months respectively.

Later, there is a special H1-B quota using which Master's student can apply for working visa (H1-B). Which is single intent visa and allows to apply for Green Card (GC).

Every thing is straight forward and USA systems allows it.

I still don't understand why people fear and when no mistake is committed.
Does not this called a loopwhole and systems is allowing fraud?.

What is fraud and what is not; when system is allowing.

Is it some thing wrong/fraud of getting married to some one whom you like and who is already here in USA.

Just because one has Green Card, does it mean one should drop out engaged girl from (Home country) India and get marry to some one who is working here or a Citizen. Does some ethics allows it?.

I'm ready to throw out my Green Card and go back to my country; if some one says i'm wrong.

I do not know which is right or wrong. This is what it is in the INS book. If the consular officer determines that if the applicant (other than H,L,E,O,P visa) has a immigrnat intent, they can deny the non-immigrant visa. Your spouse is lucky despite she mentioned about "fiance" in the application or they may be flexible now. Further, I am not saying it is a fraud; if the system allows it is perfectly valid. Why they deny so many many B1 and other visitor visas? The simple reason for most of the non-immigrnat visa denial is "immigrant intent" (including my mother). I read some stories in a law firm webite. While entering in US on non-immigrant visa the CBP officer found a "love" letters of the US LPR to the fiance; eventually they denied the admission despite he/she had a valid visa. Read a lawyer's blog about dual intent and obtaining LPR.

http://www.h1bvisalawyerblog.com/200...s_it_mean.html

If you apply I-130 immedialty upon arrival of your spouse in F1, it may still rise the question of bonafide purpose of student visa. Thats why I said, consult a lawyer who is familiar with this area.

Last edited by Ramba; 10-13-2008 at 06:20 PM.
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 10-13-2008, 08:33 PM
Senior Member
Priority Date
:
May-01
Category
:
EB3
I140 Mailed Date
:
11/27/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: Sep 2007
Posts: 204
optimystic has a reputation beyond repute optimystic has a reputation beyond repute optimystic has a reputation beyond repute optimystic has a reputation beyond repute optimystic has a reputation beyond repute optimystic has a reputation beyond repute optimystic has a reputation beyond repute optimystic has a reputation beyond repute optimystic has a reputation beyond repute optimystic has a reputation beyond repute optimystic has a reputation beyond repute
Default

Forget the situation of original poster for sec...consider this.

F1 student meets a GC holding bachelor (working in same city as the one she is going to college) at a desi get together party. They fall in love and decide to get married. This all happened within couple of months of the arrival of F1 student into USA and nothing was predetermined. But now that they got married, they plan to file Family based Green card.

I fail to see any intent of Fraud here....Are F1 students not allowed to fall in love and get married?? Filing the FB application in such a situation, by itself cannot be construed as Fraud.

Having said that, I think every time the OP's F1 fiance travels out of the country after filing Family based GC application, she might be risking denial at the port of entry and revocation of F1 Visa as well, if the POE officer can somehow come to know of pending FB GC petition....


Bottom line doing everything legal is not, by itself, enough to convince a POE officer's or Officers at US consulate. They also quite often look at your case with also a more stringent measure...--- "Intent to immigrate" , and if your Visa in question does not support that intent, then they reserve every right to reject (or revoke an existing one) your visa and deport you.

You are still 'legally allowed' to keep your FB GC petition alive and wait (of course outside of US) thru the course of time for its approval and then enter US at that time. It's unfortunate, but 'legality' alone is of no use to you here.
__________________
PD - May 2001 EB3 - I
I-485 - RD - 2007 July 30, Nebraska.
EAD - APPROVED - 2007 Oct
FP - 2007 Sep
AP - 2007 Dec
FBI Namecheck -- ?? (How to find out?)
FP -- Cleared ?? (How to find out?)
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks

advertisement
 

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Family based Green Card - GC for spouse f1USvisaholder Non-Immigrant Visa 1 08-10-2010 10:28 AM
Family based Green Card sidm1810 Interesting Topics 0 04-18-2010 03:42 AM
Family based Green card application and H1B extension Karol Immigrant Visa 3 01-11-2009 01:09 PM
simultaneous application for family based green card and employment based green card ahiyer All other Green Card Issues 5 10-15-2008 05:59 PM
family based green card nam_koh Retrogression, priority dates and Visa bulletins 1 05-23-2007 01:19 PM


advertisement

All times are GMT -4. The time now is 05:12 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org