Advise on best time of marriage betwween a green card holder & a foreign national on valid visa to USA,or anyother alternative?

Asked almost 4 years ago - Orlando, FL

hi sir/madam,

my name is muskaan (name changed). my parents are green card holders and they applied for my immigration under F2A category (under 21). i turned 21 this november and i m yet to recieve my green card in a week or two. i m a final semester student at a medical school in india.i plan to write my usmle next year and pursue higher studies in USA from 2012 march. i have a friend in india, who too is a final semester student and plans to write usmle and move to USA for higher studies. he has no relative in USA. i plan to marry him in another 4-5 years. my question to you is what is the best visa that he should apply for to come to USA which will allow him to study, work and get married to me and also to attain permanent residence as soon as possible, or alternatively is there anything else you would like to suggest. please respond.

Attorney answers (3)

  1. Nicolas Andres Olano

    Pro

    Contributor Level 15

    Answered . If the marriage is only for immigration purposes you are commiting fraud. Last thing a Dr. needs is to have that issue with them. If you marry before you are a resident you will lose your place in the categories.

  2. Fernando Perez III

    Pro

    Contributor Level 8

    Answered . First, make sure you do not get married until after you have been issued your immigrant visa and have come to the United States. If you go to the US Consulaet in India and they approve you all they are approving is the issuance of your immigrant visa. You will not actually becomne a green card holder until you arrive in the U.S. with the visa. We have had Indian clients who went to the immigrant visa interview and then married before coming to the U.S. and, by doing so, made themselves ineligible for the green card.

    Second, once you have your green card you are free to marry at any time (as long as it is a real marriage and not a marriage to get a green card). Once you marry him you can petition for him and he can join you in the U.S. in a couple of years.

    Third, if he wants to come to the U.S. sooner, you may want to hold off on marrying him until he is in the U.S. because if he marries you it will be more difficult for him to get a visa. His options for coming to the U.S. would be a job offer that requires his degree or coming to continue to study.

    Fourth, if he looks into coming to the U.S. to study, make sure he stays away from the J-1 Visa. The reason is that with the J-1, especially for medical students, he will be required to spend two years back in India after he completes his studies before he can return to the U.S.

  3. Andre R. Olivie

    Contributor Level 18

    Answered . If your friend plans to study in the U.S. and has no U.S. Citizen Relatives then he should seek an F-1 Student Visa.

    Andre Olivie
    Immigration Lawyer
    www.olivielaw.com

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