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batti
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Posted on 10-23-17 7:33
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I recently got my GC and planning to get married soon in Nepal. Being a GC holder, what is process of bringing your wife to the US? I came to know that we need to file I-130. Do we need to hire an attorney to file the I-130, or we can do it our self? If someone has gone through this process, could you please elaborate in detail how this process work? What I need to do in Nepal and what I need to do here? Also, what is the waiting period. I heard its about 2 years, is it true? Thanks in advance.
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dhoti_prasad
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Posted on 10-24-17 11:29
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If you got GC from employment basis with the US degree, then it is easy. If it is through asylum or other sort of fake activities, then it is really really hard.
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josedai
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Posted on 10-24-17 12:39
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You need to check visa bulletin website for current priority date. For your spouse it will be catagory F2A, so check the priority date. Now it may be showing nov 15, 2015. It means the priority date is current for the people who filed in november 2015 and their document will get process now. Lets say u file it now your priority date will be oct 2017 and ur spouse's document will process when that date gets current on the website. Keep in mind those dates may change rapidly or slowly and depends on country quota too. People tends to be get citizenship in 4.5 yrs and bring their spouse in that case takes around 2months not much questioning. I agree with dhoti_prasad, other means of gc might get question more. And lawyer's help is always good. Hope this helps.
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batti
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Posted on 10-24-17 6:13
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Thank you dhoti_prashad and josedai from prompt reply. I got my GC through employment basis with US degree. As I asked earlier, is it true that I will get a priority date once I file the I-130? Is there anything that I need to do in Nepal for this process? Another question I have is, she is planning to apply for a non-immigrant visa after our marriage. She has to take some educational exam in the US (she will be taking some exams in Nepal also). After our marriage, is it true that she will have difficulty to get visa because I am a GC holder? Is it a good idea to postponed our marriage just because she cannot get visa because I hold a GC?
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tito-satya
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Posted on 10-24-17 7:10
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Toit! Go and get married man! Appears you like her based on your saying "is it a good idea to postpone[d] our marriage just because she cannot get visa because I hold a GC?". Do not think too much, go n get married. You appear earning good or earned good based on the fact that you were/are working and got your GC based on employment. So why you worry, travel to Nepal every now and then till she gets approved... what the heck! But yes, I also BELIEVE that since you are a GC holder, it will be a problem if you file I-130 for your wife here in the USA and then your wife tries for a non immigration visa back in Nepal. Somebody who has gone through the similar situation can explain more. I am just hypothetically saying. I might be wrong. Or might be right. I do not know that. Better talk to a lawyer about your situation. Ask her to apply for non-immigration visa first, then, if that gets denied, file for I 130. Yea, you will loose some time there because you wait for her to file non immigration visa, then, based on the result, you file I 130. So there is a risk and gamble. I would say take the gamble if you really like that girl. If she does not get visa, file I 130, keep travelling back and forth. It is just 2 years or so, that is what time takes for a GC holder to bring their spouse to USA. The bottom line is, if you like her, and if you think she is your girl, go for it and marry her. Let time decide the future. Worst case, you have to wait for 2 years. Good luck brother from another mother. PS: It is just my opinion. I might be wrong. Go and consult with a good attorney. There are several Nepalese attorneys available nowadays who can easily guide you and can easily answer all your questions.
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batti
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Posted on 10-24-17 8:59
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can someone please refer me a good attorney?
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katana
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Posted on 10-25-17 8:10
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hey batti, I'm in the same boat as yourself. I talked to another guy who had applied for I-130 and he says that we need to provide lots of evidence alongside the usual marriage certificate document... like the marriage ceremony pics, emails and letters to your to be spouse. I'm also trying to find out more on this. Please post it here if you learn something new about it.
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batti
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Posted on 10-26-17 7:13
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Hey Katana, I am not yet married. Currently looking for options. Whether to get married now or later based upon situations. May be next week I will try to consult with a lawyer.
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ark
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Posted on 10-26-17 7:56
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Like others said, it’s a straighhforward process. Lawyers will just tell you what to gather which you can do yourself. 1. If your girl is planning to apply to US colleges soon, it’s better if she applies first and see if she gets F1 visa and then only go thru marriage processes later on. 2. If she is planning to apply to colleges say after a year or so, you can go ahead and marry and start i130 process. Marriage with a GC holder may affect F1 visa approval since the visa officer wouldn’t be conviced she will return back after completing the study. But she could get visa if she’s lucky. Even if she doesn’t get f1 visa, she will get immigrant visa lateron anyway provided your marriage is bonafide. Like titosatya said, you have to consider the worst case scenario of getting her immigrant visa in around 2 years after you file i130. It could be earlier depending on how visa bulletin moves. If you are marrying with our traditional norm, no need to worry about whether your wife gets immigrant visa or not. With ceremonial photos and other correspondence that will be communicated in two years following the marriage, getting visa is easier.
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