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Fastest way for LPR Spouses & Dependent to Immigrate

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  • Fastest way for LPR Spouses & Dependent to Immigrate

    One of the group thats often being left out in immigration reform is that of spouses and dependent of LPR, due to the long waiting queue for the given priority#.

    USCIS has made effort to accomodate this, most recently with the introduction of the V visas. But this requires the I-130 to be pending for 3 years. It helps for some, but for others, its almost the same as waiting for the LPR to apply for citizenship and then use the K visas route.

    My suggestion usually is for the spouses & dependent to try and secure a different type of non-immigrant visa such as F visas to enable them to come to the USA before hand, and then readjust once the priority date becomes current or LPR becomes USC,etc. Of course the problem with that is if CBP/Consulate discover them to have a pending I-130 filed, they might not even granted the visa or allowed to enter USA.

    So, does anyone else have different perspective on this? Advice, critique, insight,etc is appreciated

  • #2
    One of the group thats often being left out in immigration reform is that of spouses and dependent of LPR, due to the long waiting queue for the given priority#.

    USCIS has made effort to accomodate this, most recently with the introduction of the V visas. But this requires the I-130 to be pending for 3 years. It helps for some, but for others, its almost the same as waiting for the LPR to apply for citizenship and then use the K visas route.

    My suggestion usually is for the spouses & dependent to try and secure a different type of non-immigrant visa such as F visas to enable them to come to the USA before hand, and then readjust once the priority date becomes current or LPR becomes USC,etc. Of course the problem with that is if CBP/Consulate discover them to have a pending I-130 filed, they might not even granted the visa or allowed to enter USA.

    So, does anyone else have different perspective on this? Advice, critique, insight,etc is appreciated

    Comment


    • #3
      don't have a better solution

      but wanted to add regarding V visa: "To qualify for a V visa, the applicant must be the spouse or unmarried child under 21 of a permanent resident for whom an application for immigration was filed on or before December 21, 2000". Priority date for that category is now Feb 02, so no more V visas..

      Comment


      • #4
        I like the idea of the F visa in that it will accomplish two objecitves: bring the family together and encourage education.

        It is however an expensive option as tuition rates are skyrocketing. It also is a very scrutinized visa and CO's deny these visa quite frequently.

        Comment


        • #5
          aneri:
          Yeah, V visas pretty much moot right now.

          Sug:
          Colleges consider F1 as cash cow due to the tuition rate these students are paying the university, another advantage if you look at it.
          But thanks to the FBI security check, it might take months to get one approved. They're supposedly getting better though.

          Off course alternatively the spouses and dependent can just come using tourist visa/VWP and then stay illegaly until the LPR becomes USC. And frankly, I've a hard time arguing against that.

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          • #6
            Would one of you please explain to me just how it is that an LPR would get his/her GC, but his/her spouse and dependent children wouldn't get it at the same time?

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            • #7
              Errr....how about the LPR and the future spouses haven't met/married by the time LPR was granted?

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              • #8
                You've already had my opinions on that one, Marmaduk. And in my opinion, that's not a good reason for violating US immigration laws and having the spouse/kids overstay visitors' visas. IN fact, I'd say that an LPR who connived at that should have his/her GC lifted. After all, if he/she can't obey the law at a time when they should be on their best behavior, then it doesn't say much for what they'd do after they become citizens.

                One of the arguments that is continually used for more immigration is, that we're a nation of immigrants. Well, if we're going to use that as precedent, many times in the good old days, people were separated from spouses and kids for literally years while they earned enough to bring them over. Modern day LPRs have internet, phone, and the jet. The LPR can always visit his/her family. (And yes, processing should certainly be speeded up, but the more people who break the rules, the more it slows the process down for everyone and makes what should be simple cases complicated.)

                Comment


                • #9
                  Aliba, I would never argue for anyone to break Immigration Law. But with the immigration law is at its current state, its truly unfair for those LPR's spouses and dependant. I won't even get into the illegal and amnesty bruhaha.

                  If they could piggy back their spouses LPR process in the event marriage took place before or during AOS, why can't those that weren't married at that time at the very least be allowed to come to the US instead of having to wait in their country of origin? I think that'll satisfy them enough, even if they still've to wait for the priority date to become current to start AOS. At least they're reunited with their spouses in USA.

                  We really are handcuffing those who's only offense is obeying the law.

                  Comment


                  • #10
                    I agree, it would be nice to have processing speeded up, but part of the reason for having spouses and kids wait (I'm guessing) is to do security clearances and such in the country of origin. This might be fairly easy in some places, where records are easily available, and tough in others where they're not (or where there are many similar names, such as the Middle East). How on earth this could be accommodated (yet another set of rules?) I have no idea.

                    As for "handcuffing", well, an LPR accepts many limitations when he/she gets a GC. The realization that their ability to marry and bring over family members is limited should be part of that and figure into the decision when and who to marry. (Yes, I know, some people actually do marry for love--and frequently divorce a couple of years later. You have only to look at some of the postings on this site to see how quickly "love" can fade once the green card is attained.)

                    Comment


                    • #11
                      Being an LPR is not the same as a US citizen, ergo, one does not have all the rights and privileges of citizenship. Too bad.
                      Congress decided to limit the number of immigrant visas in certain categories, spouses & children of LPRs is one of them.
                      Now, for those who are moaning and groaning about illegals, well, why should they be given green cards or other benefits ahead of all the LPR spouses and children waiting outside the US?
                      F1 visa applicants have to prove they will return to their country after their education...tough to sell when your spouse is settled in the US.
                      Unfair? No. Those are the rules. If you don't like, don't become an LPR.

                      Comment


                      • #12
                        I am more or less in this particular situation. My wife won the GC lottery in 2002 and became an LPR in May 2003. But we got married in August 2005. I'm on my 2nd H1-B which will expire aug 1 2007, and my wife can start her citizenship process only in February 2008, so there is this gap of a year or two when I need to figure out something for myself. Fortunately my employer will sponsor me for an employment based GC which we just started, but we are a small company and there is a slight chance LC may be denied... If that happens then I either try to switch to student visa (if they let me do that, since I will never file I-140, I might have a chance) or I just go home for a year and reset my H1-B 6 year clock (not the best solution). Or maybe we just move back to Hungary. We love it there too and all our family is there. We actually love both countries.
                        Anyway, I also obviously don't like the fact that spouses of LPR have to wait outside of the country for a visa number. But I can't complain and I don't want to whine, whiners are not really appreciated in this forum

                        Comment


                        • #13
                          As you all know, I no longer post on this board on the subject of immigration.

                          There is a GREAT immigration forum on www.immigration.com, where REAL immigrants post REAL stories about REAL immigrant lives ( not some immigrant-haters who pretend to be "immigrants" and post phony "I am a violent-criminal who wants to get a GC" stories to create negative images of immigrants and then under different IDs attack and insult those imaginary "criminal-immigrant-posters" that are actually born out of sick, inflamed with hatred minds of immigrant-haters).

                          I suggest you to visit the above mentioned (www.immigration.com) forum, where I, by the way, post extensively since I stopped posting on immigration topic on this immigrant-bashing ilw.com forum.

                          Here is the thread that discusses this very issue of LPR and prority date:

                          1.

                          http://boards.immigrationportal.com/...splay.php?f=66


                          2.

                          http://boards.immigrationportal.com/...play.php?f=202


                          Immigrants! Visit the forum with FRESH AIR!
                          Go to : WWW.IMMIGRATION.COM

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                          • #14
                            One more link:
                            http://unite.rediffblogs.com/

                            Comment


                            • #15
                              Aliba,
                              The FBI background/criminal check usually are completed in fairly timely manner. Yes, there're those that got entagled in the process but for the majority it was not the cause for major delay. The lack of visa# is. As for the limitation of LPR, I'm sure people think about it too, but like you said, once love take over, everything seemed a distant second.
                              Afterall, do you really think the decision of marriage should be influence by a white card?

                              Someone12,
                              I don't think obeying the law is the problem for these group of people. If not, they would've already in the USA via any other means. Let me ask you this then, will you be opposed of any attempt to change the law that will allow LPR's spouse and dependent to gain automatic visa#?

                              Gabe,
                              As long as you have a valid reason, I don't see why you can't complaint and make your voice heard. And in this situation, I do believe in the justification. Unlike others cause that frequently championed here


                              For once I'll agree with E. Rajiv Khanna has done a great job creating the forums @ Immigration.com to help immigrants and others alike. The active moderator will make sure there won't tolerate any of the typical bashing here or attempt to sabotage it

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