Can a green card holder bring his wife/husband to live in USA with him/her

Asked about 3 years ago - Los Angeles, CA

Hello, I'm a Syrian woman living in Syria
my fiancé is working as a doctor in USA since 1998 and he is holding a green card,we want to get married but the lawyer said he can't sponsor me or bring me to USA till he gets a US citizenship in the end of 2012
is it true ??How can I live with my husband in usa?
Why in some cases i heard that a student visa can bring his wife while a green card holder can't? What is the difference?

thanks in advance

Additional information

Thanks for the answers,can I apply for a student visa if I mentioned that my husband is a green card holder?or it's better to wait years till I get an 2 A visa ?I also heard that now the wait time for spouse of a green card holder is less than one year?is it true?

Attorney answers (2)

  1. Rebecca Cook Black

    Contributor Level 15
    Best Answer
    chosen by asker

    Answered . Once you are married, your husband can file the preference application for you, but because he is a permanent resident, you have an immigrant category of 2A Spouse of a Permanent Resident and there is a wait list to adjust status. I have attached a copy of the most recent visa bulletin and it shows they are processing 2A visas for permanent residence that were filed March 2008.
    Once he becomes a USC, there is no wait as then you would be the spouse of a USC.
    A student visa is a temporary visa as a non resident. The idea is that you would go home at the end of the studies. Therefore for a spouse to accompany their student spouse is of no permanent and immigration consequence.

  2. Elizabeth Rose Blandon


    Contributor Level 16

    Answered . A legal permanent resident can petition for his spouse, but the foreigner cannot apply for residency until the priority date becomes current. This will take a matter of years.

    It is unfair but true that a non-immigrant (such as a student) can obtain a visa for the temporary stay of his wife.

    Please consult with an immigration attorney about the possibilities of your obtaining a non-immigrant visa. If you can get one, you can come to the U.S.

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