Green card holder's spouse in China

[wereeagle]

Hello all, I'm new here so please bear with my ignorance if I'm asking something already answered elsewhere:P I'm a green card holder, if I get married but my wife is in China, what's the best way to take her here to the US? I heard that for such case she has to wait for 5 years to get immigrant visa/GC? Is there anyway for her to come here for family visit and then wait for the GC approval? Let's say she's not gonna get an F1 or J1 or H1 visa:( Many many thanks!

[SallyHon]

The best way is that you get naturalized to become a citizen as soon as possible. Afterwards, your wife can apply for K3 after filing the I-130 and getting NOA1. Actually you can file your I-130 early even before you get naturalized. Once you get naturalized, you inform USCIS as soon as possible, then you file your K3 for your wife along with a copy of I-130 NOA1.

 

Right now the DOS Visa Bulletin cut-off date of family 2A for Mainland is 03-01-2002.

 

Good luck...

[wereeagle]

Right on, Sally. That's my advise too. Start the paperwork now for a spousal visa and when the naturalization is finished, a visa number is immediately available for the wife.

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Thank you SallyHon and donahso! Indeed naturalization seems to be the only fast way:(

[SmilingAsia]

For your information:

A Green Card holder can also file a petition for his/her spouse, V1 visa.

V1 visa takes many years. I saw an applicant whose husband is a green card holder. They filed petition for V1 in 1998 and the wife got her visa in 2004. F2A visa even takes longer time.

Only for a senior petitioner who has language barrier and is not likely to get naturalized, V1 visa is suggested.

[frank1538]

For your information:

A Green Card holder can also file a petition for his/her spouse, V1 visa.

V1 visa takes many years. I saw an applicant whose husband is a green card holder. They filed petition for V1 in 1998 and the wife got her visa in 2004. F2A visa even takes longer time.

Only for a senior petitioner who has language barrier and is not likely to get naturalized, V1 visa is suggested.

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It's unlikely that V visas would be available. To be eligible, an I-130 must have been filed before December 22, 2000.

 

http://www.uscis.gov/graphics/howdoi/hdinonimm.htm

[wereeagle]

For your information:

A Green Card holder can also file a petition for his/her spouse, V1 visa.

V1 visa takes many years. I saw an applicant whose husband is a green card holder. They filed petition for V1 in 1998 and the wife got her visa in 2004. F2A visa even takes longer time.

Only for a senior petitioner who has language barrier and is not likely to get naturalized, V1 visa is suggested.

211854[/snapback]

It's unlikely that V visas would be available. To be eligible, an I-130 must have been filed before December 22, 2000.

Thank you all SmilingAsia and Frank!! If my GF comes to the US via business visa, then we get married here, would that be a doable and even faster way? Sounds like I don't even have to be naturalized, as long as her business visa is still valid by the time when we get married and apply for AOS? Then after that, she can lawfully stay here in AOS pending status? Thanks again!

[frank1538]

If my GF comes to the US via business visa, then we get married here, would that be a doable and even faster way?  Sounds like I don't even have to be naturalized, as long as her business visa is still valid by the time when we get married and apply for AOS?  Then after that, she can lawfully stay here in AOS pending status?  Thanks again!

214572[/snapback]

While there may be other provisions that might apply to the scenario you lay out, as a general rule, applying for adjustment of status for a spouse who is in the US usually requires that an immigrant visa be "immediately available" when the AOS application is filed. This "immediately available" condition is normally associated with US citizen petitions rather than legal permanent resident petitions.

 

One option you might consider is adjustment of status based on permanent employment in the US. Here are a couple of links to the USCIS website that summarize the major categories for legal permanent resident status: http://www.uscis.gov/graphics/howdoi/LPReligibility.htm#b and http://www.uscis.gov/graphics/howdoi/ImmStatEmp.htm

[Boringwaiting]

My friend's husband ( he 's chinese american ) brought her to the USA , now he wants to divorce before her change of status. What can she do to get the green card alone????

[wereeagle]

My friend's husband (  he 's chinese american ) brought her to the USA , now he  wants to divorce before her  change of status. What can she do to get the green card alone????

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She hasn't got her conditional GC yet? How long has she been in the US? When did she apply for AOS? Has the interview done yet?

[wereeagle]

If my GF comes to the US via business visa, then we get married here, would that be a doable and even faster way?  Sounds like I don't even have to be naturalized, as long as her business visa is still valid by the time when we get married and apply for AOS?  Then after that, she can lawfully stay here in AOS pending status?  Thanks again!

214572[/snapback]

While there may be other provisions that might apply to the scenario you lay out, as a general rule, applying for adjustment of status for a spouse who is in the US usually requires that an immigrant visa be "immediately available" when the AOS application is filed. This "immediately available" condition is normally associated with US citizen petitions rather than legal permanent resident petitions.

 

One option you might consider is adjustment of status based on permanent employment in the US. Here are a couple of links to the USCIS website that summarize the major categories for legal permanent resident status: http://www.uscis.gov/graphics/howdoi/LPReligibility.htm#b and http://www.uscis.gov/graphics/howdoi/ImmStatEmp.htm

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Thank you Frank!! I haven't figured out things yet...need to do more homework.