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Getting married after green card – I-130 Petition

Published Sep 11,2016 By Ferhat Ozturk

Dear GCforPhD Rep,

I have received my green card in 2012, thanks to the very helpful information from your website. Then I am married in 2014 and started living in my country as an Asst Prof. I have kept my GC active by entering the US regularly. Two weeks ago, I have filed the I-130 form to apply GC for my wife and received a receipt number. I read in some blogs, it may take a very long time (about 18-24 months visa wait list) for my wife to come to the US. Meanwhile, I moved to the US and I’m negotiating on a job offer. 

My question is: Is there any faster way to bring my wife to the US, instead of 18-24 month wait list. Can she come with a student/tourist visa?

Thank you,

Ferhat

Posted in Greencard Procedure
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Tigran Kalaydzhyan
Tigran Kalaydzhyan
7 years ago

Dear Ferhat,

The F1/J1/B1/B2 visas (student, visitor, business, tourism) require a nonimmigrant intent, which is in conflict with the immigrant intent that was declared by filing I-130, so there is a high chance of visa denial. Your wife, if she finds an employer willing to be a sponsor, can still enter with the working H1B visa, since it is a dual intent visa. There might be also a workaround with withdrawing I-130 and filing it later or with presenting a convincing evidence that her stay in the U.S. is for the education/business/tourism purposes only, but please consult with a qualified attorney regarding these scenarios.

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