GC Advice while me and my Husband are living outside US

[soumyahj]

HI,
My Husband is a USC, I am a Indian Citizen.We got married on Feb 2009 in the US when I was on a B2 visa. in May 2009 we both came to India. Now My husband is planning to move back to US in the next 1 year. We want to process GC for me.Is it possible to apply for a GC for me while he is India.If not can he go to US for a week or two and apply for GC and return back to India and wait until the processing is done.

Appreciate the response.Thanks in advance.

[barbarajlw]

HI,
My Husband is a USC, I am a Indian Citizen.We got married on Feb 2009 in the US when I was on a B2 visa. in May 2009 we both came to India. Now My husband is planning to move back to US in the next 1 year. We want to process GC for me.Is it possible to apply for a GC for me while he is India.If not can he go to US for a week or two and apply for GC and return back to India and wait until the processing is done.

Appreciate the response.Thanks in advance.

My question is if you married in the US why you did not AOS and get GC there. As from what I am reading you did not apply for a GC after you married and you left and went to India. As you have no permanent residency in the US your husband will have to leave and go back to the US and apply for a CR1 spousal visa for you. You were there on a B2 visa tourist yes? Did you go to the US on a B2 visa with the intent of marrying? If you did then this is classed as fraud but seeing as you are married now you can't just apply for a GC and he come back to give it to you or wait in India while it is processed. He has to prove residence in the US and have a job and income. You don't just apply for a GC you have to AOS (adjustment of status) but you are not here so he will have to file CR1 to get you here and then that is instant GC stamp in passport and you are able to work as well. You will get hard copy GC a few weeks later after arrival. Takes 6-7 months