Spouse Of Green Card Holder

[arthwr61]

My son is a Green card holder and he is going to marry in Feb 2012 with an Indian girl who has no usa visa. What to do if he wants to bring his wife in USA after marriage while the F2A category is still pending to be available for her ?

Since the F2A takes around 3-4 years to process,can she come to usa on student visa and after getting student visa get herself transferred as Dependent of my Greencard holder son under her I-130 petition and cancel the student visa status as she actually does not want to study but want to stay together in usa while F2A is pending ?  

What would be her status in usa if she does so as student visa would get cancelled if she does not join college for study ?

Please advice me regarding the above arrangements and its' possible consequences.  If any better option is available, then please suggest that also.

Thank you.

ANSWER: Hi,

Student(F visa) or visitor visa(B visa) status does not allow for intention to immigrate to the U.S., and thus any U.S. Consulate in India is unlikely to issue these visa stamps to an applicant married to a green card holder and who has an intention to immigrate to the U.S.

A better option is H or L employment based visa categories, as these categories allow for intention to immigrate to the U.S. Both the H and L visa categories require a job offer in the U.S., however, and the employer must be willing to file the appropriate H or L visa petition with the USCIS.

Hopefully your son will be eligible for naturalization soon, as this will allow him to bring his wife without worrying about priority dates, etc: www.h1b1.com/sponsor.htm ---------- FOLLOW-UP ----------

Thank you for your reply.

I am trying to say is that applying for the student visa before marriage without showing any indication of her marriage and so the consulate cannot get any wrong intents.  Get married after obtaining visa, enter USA on student visa but after entering USA, not to join college but to file for F2A petition.  By this my future daughter in law can stay with my son after marriage in USA.

A student visa consultant in India has suggested us such thing. But as first impression, I find it undigestable as I thought coming on student visa in USA & not studying then and still staying in usa will make her status illegal.  

Please advise us whether such wayout is possible or my doubt is correct.

Thank you.

[Xarles]

Applying for F1 visa stamp requires an intention of completing the study program. Not having any such intention(or an intention to immigrate to the U.S. based on marriage) is not compatible with F1 entry requirements, unfortunately.

In addition, irrespective of intentions when applying for F1 visa stamp, failure to be a full-time student while on F1 status is a violation of F1 student status even if an F2A petition is filed by the green card holder spouse.