Family Based Green card

[Amit the Lucky]

Hi All Good Day,

I am a Indian citizen and staying in India. I am about to marry a girl who is having US green card.

After my marriage, what is the best way for me to go to US with her and start working if I get a Job.

[JoeF]

There is a backlog for spouses of Permanent Residents.

 

[Provence]

She petitions you for an F2a visa after marriage. You enter the US on that visa and can work as soon as you get the SSN. As JoeF noted, there is a backlog.

[Amit the Lucky]

1 hour ago, Amit the Lucky said:

Hi All Good Day,

I am a Indian citizen and staying in India. I am about to marry a girl who is having US green card.

After my marriage, what is the best way for me to go to US with her and start working if I get a Job.

please also let me know if any other way around before marriage.

[JoeF]

17 minutes ago, Amit the Lucky said:

please also let me know if any other way around before marriage.

If you are not married you have to qualify for a visa on your own.

[pontevecchio]

You could try and get a H1 sponsor for next year. You could have your company send you in L1 status if applicable. 

Is she not living in the USA?

[Amit the Lucky]

9 minutes ago, pontevecchio said:

You could try and get a H1 sponsor for next year. You could have your company send you in L1 status if applicable. 

Is she not living in the USA?

She is in India currently.

[Provence]

1 hour ago, Amit the Lucky said:

please also let me know if any other way around before marriage.

If there were a way, you'd have figured it out already (h1, etc); but if your intention is a workaround or a shortcut, then the answer is no. You have to be patient and wait for a spousal visa after marriage, like other F2a applicants. 

[Amit the Lucky]

Thanks friends for your valuable feedback.

One of my friend suggested to get non-immigrant visa before marriage, so that if I am in USA and the application of my spouse is approved.

we can go for change of status of my VISA. is it a good idea or other way around.

 

[JoeF]

7 hours ago, Amit the Lucky said:

Thanks friends for your valuable feedback.

One of my friend suggested to get non-immigrant visa before marriage, so that if I am in USA and the application of my spouse is approved.

we can go for change of status of my VISA. is it a good idea or other way around.

 

Most non-immigrant visas don't allow immigration intent. Lying about your real intent would be immigration fraud.

[pontevecchio]

The wait after approval of the I-130 is 2 years and you can only change status if lawfully present in the USA at that time. Hence your friends idea is not realistic. You have to wait for 2 years and then get an Immigration visa before coming over. 

[newacct]

12 hours ago, Amit the Lucky said:

Thanks friends for your valuable feedback.

One of my friend suggested to get non-immigrant visa before marriage, so that if I am in USA and the application of my spouse is approved.

we can go for change of status of my VISA. is it a good idea or other way around.

 

First of all, you cannot enter on most types of nonimmigrant visa (except H1, L1, K1, etc.) with intent to file Adjustment of Status (I-485) during that stay in the US.

Second, your statement doesn't make sense. I thought you said your fiance already has a green card. So what "application of my spouse" is there?

If you mean your spouse's I-130 for you being approved, the I-130 being approved doesn't by itself allow you to apply for anything. You need to wait until a visa number is available for your category and priority date to proceed to the next step, which is either Adjustment of Status in the US, if you are in the US and in status at that time, or Consular Processing abroad otherwise. As the spouse of a permanent resident, you will be in the F2A category. The time between when I-130 is filed and Adjustment of Status (I-485) can be filed in that category varies between 8 months and 2 years. If you enter on a visitor visa, you are only admitted for 6 months, so you status wouldn't last long enough to file I-485 anyway. And you cannot file I-485 in your category if you are out of status.

[Provence]

On 8/10/2018 at 11:01 PM, Amit the Lucky said:

Thanks friends for your valuable feedback.

One of my friend suggested to get non-immigrant visa before marriage, so that if I am in USA and the application of my spouse is approved.

we can go for change of status of my VISA. is it a good idea or other way around.

 

You do seem desperate to get into the US by any means necessary. 

[Amit the Lucky]

16 hours ago, Provence said:

You do seem desperate to get into the US by any means necessary. 

Yes I am desperate about my career.

I am in the IT industry past 8 years, I have to move into management side now.

Currently I am in the situation either wait for US or plan my career over here. if it takes long years for me to go US than its better to plan myself over here. hence trying to educate myself with the knowledge you friends share here.

[pontevecchio]

People with EB3 and EB2 are waiting for many years. You only have 2 years and maybe a couple of months wait.

[Provence]

If you are planning a real wedding to a US permanent resident (and it's not just for a green card), you have to wait out the process just like everyone else with a pending F2a. There is no long years; F2a processing averages roughly 24 months.

Shouldn't be looking for a backdoor entry into the US like a Masters unless you really plan to study, which appears doubtful based on your posts.  Why is it that some Indian nationals seek shortcuts instead of doing things the right way? 

[samkrish]

Current waiting time for F2A is 2 to 3 yrs for India.

[Amit the Lucky]

Thanks friends for your valuable information.

[Provence]

On 8/10/2018 at 11:01 PM, Amit the Lucky said:

Thanks friends for your valuable feedback.

One of my friend suggested to get non-immigrant visa before marriage, so that if I am in USA and the application of my spouse is approved.

we can go for change of status of my VISA. is it a good idea or other way around.

 

Seems like that B1/B2 was rejected under 214b, according to a similar-worded Luckyck1 post in another forum. 

Just an fyi, seeking a non-immigrant visa with preconceived intent to AOS is visa fraud.