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  1. #1

    Post Visitor visa for US Green card holder Spouse?

    Hi,
    I'm a US Green card holder holding Indian passport and recently married Indian citizen living in India. I want to know options of getting her to US even if it's temporary? She has done her Ph.D from and currently not working. She is not planning to work in future as well, so finding her a job in US is ruled out.

    If I want to apply her a visitor visa (B2), what is the chance of her getting it? what is the best reason which I can state in the covering letter to US consulate? She haven't officially changed her last name yet , so is it good idea to ask my elder brother who is a US citizen to send immigration papers stating her a cousin sister or can I send stating as my wife? Which option is preferred one?

    I can start for her regular dependent Green card process but i hear it's taking 3/4 years? So, I want to first try at least getting her to US on visitor visa .

    Please help !! Any good suggestion(s) will be really appreciated.

    Thanks
    Last edited by arv1305; 12-28-2011 at 02:52 AM.

  2. #2
    Join Date
    Dec 2011
    Posts
    3,307

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    Quote Originally Posted by arv1305 View Post
    Hi,
    I'm a US Green card holder holding Indian passport and recently married Indian citizen living in India. I want to know options of getting her to US even if it's temporary? She has done her Ph.D from and currently not working. She is not planning to work in future as well, so finding her a job in US is ruled out.

    If I want to apply her a visitor visa (B2), what is the chance of her getting it? what is the best reason which I can state in the covering letter to US consulate? She haven't officially changed her last name yet , so is it good idea to ask my elder brother who is a US citizen to send immigration papers stating her a cousin sister or can I send stating as my wife? Which option is preferred one?

    I can start for her regular dependent Green card process but i hear it's taking 3/4 years? So, I want to first try at least getting her to US on visitor visa .

    Please help !! Any good suggestion(s) will be really appreciated.

    Thanks
    As discussed before on other posts, please be aware that by law, a visitor visa requires
    a non-immigrant intent . This is a very important issue which all visa officers look for while
    granting a visitor visa. Your spouse, by virtue of being married to a GC holder , automatically
    shows immigrant intent. So, it will be very hard for her to get a visitor visa.
    If she applies, she will get one straight answer from the officer; wait for your immigrant visa.It is possible in rare genuinely emergent circumstances.

    This is a problem with most non-immigrant visas, the requirement of a non-immigrant intent.
    Only H-1b and L-1 visas do not require this condition. But, both these visas require jobs
    in US, so that option is ruled out in your case.

    Suggestions;

    1.Since she is a doctorate, it is possible that you can find an H-1b sponsored job in US for her.
    If she can work till she gets her immigrant visa , it will be easier for both of you. Or you will have to live separated
    for 3 years.
    2. You should file the immigrant petition for her soon. At least, that way, you can get her in the queue for the immigrant visa.
    Currenly they are granting immigrant visas to spouses whose petitions were filed 3 years ago. It is possible that the future
    processing times may go down or even up , so you must get her in the queue.
    Last edited by peace999; 12-28-2011 at 04:20 AM.

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