View Full Version : marriage after GC
06-21-2001, 05:40 PM
Hi, I need some advice from all u experts here :-)
My situation is like this. I am soon going to file my 485 alone (am single). But after I get my GC...can I marry a girl based in india but not born in india? ..say she is english..can she come here immediately after we marry? Or is it just not indian born that face this 4.5 yrs prohibition?
Can anyone please shed some light here?
Thanks in advance
06-24-2001, 12:42 AM
I do not believe US discriminates individuals (under normal circumstances - which means excluding criminal cases, political reason etc. and such situations..) application processing for immigration, based on that individuals country of birth and/or current nationality!!
An individual can apply for US immigration under several categories. This site has a good info. on that!!
The total number of immigrant visa issuance is caped at a certain figure in a year and some percentage calculations for a country etc. Hence you hear for example "EB-2 category for India is current" but "EB-3 category cut off date is MM-YYYY".
So basically what you are looking at is processing times for a category equation. There is no such thing as "prohibition from entering US" etc.
Hope this helps.
Well, there @#%$'t a "prohibition from entering US", but...
During the processing of the I-130, the spouse would only be allowed to enter the US on a non-immigrant visa. That requires that the spouse would not have immigration intent, however, immigration intent was shown by filing the I-130. Therefore, the spouse would not be allowed in, which essentially amounts to a "prohibition from entering".
So, marry before filing the I-485 or, if you marry before I-485 approval, you may be able to file an amendment, ask your lawyer. Or wait with marriage until you are a citizen. Then the spouse can enter as immediate relative.