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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1  
Old 06-22-2006, 02:37 PM
ss1026 ss1026 is offline
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Default GC holder marrying F-1 visa holder in home country

My friend has a GC since Sep 2004. He recently went to India and married a person who has a stamped F-1 Visa though she has not entered the USA yet. They are planning to enter US this month. Is this legal? What should they be worried about and what are my friend's options if he wants to settle down with his wife in the USA. Will there be an complications if he applies for her GC or should he rather wait till he gets his Citizenship. Any comments would be appreciated
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  #2  
Old 06-22-2006, 05:18 PM
GCwaitforever GCwaitforever is offline
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Your friend has to wait till he gets his citizenship. A GC holder can only sponsor someone to visit, but can't sponsor another person for GC. A citizen surely can. I heard that an immigrant could apply to USCIS to grant spouse also a GC based on hardship grounds. But I would not bet on largesse of USCIS. It is a headache dealing with bureaucrats, lawyers and appeals.

If your friend had a traditional marriage (Church/Temple/Mosque etc ...) and not registered it or just an engagement, it should be fine. There is a risk that your friend's (would-be) wife might be denied entry into USA based on marriage to an immigrant. F-1 VISA holders are not supposed to have immigration intent.

Once his (would-be) wife lands here, your friend should have a registered marriage in USA. She has to continue on F-1 VISA till he gets his Citizenship.

There was a V VISA provision which expired as of December 2001 or 2000. This would have allowed GC holders to bring their spouses on V VISA. Ask your friend to join the groups which campaign for this provision.
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