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Visa for Going to be Spouse of a Green Card holder

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  • Visa for Going to be Spouse of a Green Card holder

    Hello Everyone,

    I am looking for an advice. I have a green card. If I marry an individual who is born in India and resides in India (has not even once visited the US or has any US Visa). And the girl wants to study further in the US.

    My question is:
    1a. I was looking at the Visa Bulletin for July 2019 it appears F2A for India is shown as Current? Is F2A the correct Visa type if applying after marriage if marrying green card? Last I checked in April the F2A was shown with the backlog of two years. Does this change frequently.
    2a. Can the spouse study on an F2A visa?
    3a. Since F2A is shown as current, will the F2A application process from India will also be current or the visa bulletin shows only if present in the US?
    4a. Assuming F2A is the correct visa how long does it take for the application to process and the individual to obtain a green card? If anyone can share their experience.

    1b. This is how I was planning initially - Since she wants to study the best visa type would be F1 Visa. This thought was due to initial two-year backlog I saw back in April bulletin. Can the F1 Visa be applied after being married?
    2b. Once she is in the US, the green card process can be started with the marriage documents from India? Or we need to register here as well?
    3b. What if the F1 visa is applied after marriage, is their a risk of rejection since the husband is a green card holder and the spouse is applying for F1 instead of F2A?

    Advise on what would be best really help. Keeping in mind, the going to be spouse wants to study, the spouse will be marrying a green card holder.

  • #2
    If your spouse is doing Consular Processing abroad for an immigrant visa, you shouldn't be looking at Visa Bulletins now, because she would need to first wait for the I-130 to be approved before it goes to NVC for Consular Processing, and by then the Visa Bulletin might have retrogressed. 2 years is probably a reasonable estimate of how long it would take.

    She should not come to the US on a visitor or student visa with the intent of doing Adjustment of Status while here on that stay; if they suspect that she will do that they will deny her visa or deny her entry. This is true no matter if she applies for the visa before or after marriage.

    This is my personal opinion and is not to be construed as legal advice.