QUESTION
What would be the best option to bring my wife to USA while on H1B?
Asked on Jul 06th, 2019 on Immigration - Massachusetts
More details to this question:
I currently got approval(I-797) for my H1B, so will be officially starting in October later this year. My girlfriend lives in Australia and we are planning to marry later this year. My question is, what would be the best option to bring her into the US? 1) Should I go with applying for H4 as a dependent then she can come in? 2) Can I directly apply for her green card with me (I am from Nepal so assuming it takes less than 3 years) when the time comes while she is still in Australia?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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You have outlined two options for bringing your wife to the United States – having her apply as an H-4 dependent or having her stay in Australia while you work on your permanent residence (presumably through employment). For the sake of your family harmony and because of the uncertainty of timing and success through employment-based immigration, you are probably better off having her come to the US under H-4 status and staying with you during the time of your application for the green card. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jul 30th, 2019 at 7:59 PM