Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.
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
Subscribe
1 Comment
Oldest
Newest
Inline Feedbacks
View all comments
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.
Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
Strictly Necessary Cookies
Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.
If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.
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.