Fin Posted February 13, 2013 Report Share Posted February 13, 2013 Hi, I am a green card holder and I have filed the I-130 for my wife (who is in India). Can she come to the US on a H1/F1 visa without jeopardizing the GC process? I know she can't apply for a visitor visa, but are H1/F1 ok? Thank you Link to comment
Attorney_11 Posted February 14, 2013 Report Share Posted February 14, 2013 The H-1B visa benefits from the doctrine of dual intent while the F-1 visa requires an individual to show nonimmigrant intent and an unabandoned foreign residence, which may be difficult as the beneficiary of an approved I-130. It would be a good idea to discuss this matter with a qualified immigration attorney. Link to comment
Fin Posted February 18, 2013 Author Report Share Posted February 18, 2013 Thank you for your reply. May I get your contact info? Link to comment
Fin Posted March 23, 2013 Author Report Share Posted March 23, 2013 Hi, she does not have a approved I-130 yet, so can we apply for her visitor visa? I am ready to give an affidavit (or any bond) stating that she will return within the legally allowed period of stay in the US. I just want her to come stay here for a few months and then go back. Do you know if the US consulate in India allows this or not? Thank you The H-1B visa benefits from the doctrine of dual intent while the F-1 visa requires an individual to show nonimmigrant intent and an unabandoned foreign residence, which may be difficult as the beneficiary of an approved I-130. It would be a good idea to discuss this matter with a qualified immigration attorney. Link to comment
pontevecchio Posted March 23, 2013 Report Share Posted March 23, 2013 The facts will be on record. She can come in H1 status or after she has her approval of the Immigration petition. Link to comment
Fin Posted March 25, 2013 Author Report Share Posted March 25, 2013 Hi, Thank you for the reply, but I don't understand it. I was not thinking of hiding any information. When we apply for visitor visa everything will be disclosed i.e. we have applied for her I-130, but we are still applying for her visitor visa and that she will return to India to complete the green card process or return return within the legally allowed period of stay in the US (whichever is shorter). 1) Does this impact her I-130 in a negative way? 2) Does any body know about US consulate in India allows for this? Thank you The facts will be on record. She can come in H1 status or after she has her approval of the Immigration petition. Link to comment
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