I would greatly appreciate if anyone can clearly review my case and provide me with suggestions or ideas.

My fiancé is a Green card holder. Her father went to the US during early 80s and he's a US Citizen now. My fiancé got her GC through her father since she was born in India. She lived in the US until she was 8 years. Then she came back to India and she went back to US April 08 for higher education (when she was 22). That's when she renewed her GC.

We are engaged now and all set to get married in 3 weeks. She was under the impression that she can sponsor my case and can get me a status in 3 months. But she now realized that she was 22 when she renewed her GC. May be if she was under 21, people say things would have been different. May be she would have been able to file USC petition.

Now, If we file for a petition after marriage. Will that take the regular long processing time (5-6 yrs). The scariest part is that, once they file for my petition, they say I can't apply for any other US visa (like F1, H1, L1, B1 etc.). One consoling factor is that I already have a B1/B2 visa. By the way, I was in the US between 2001 and 2004 on a F1 visa.

She is getting back to US to continue her studies in 7 weeks. She wants me to come there with her. The only way I see is to look for a job in the US where the company can sponsor a H1 visa for me. At present the quota is not over yet for this year. If it is over by the time I figure out something, I will have to wait until Oct 2010 assuming, that a employer sponsors my H1 visa for next year.

When is the right time for my spouse to file my PR petition. Should we get married in the US? Will that be a catalyst to the processing. What are the processing times, I'm looking at. My fiancé and her dad are living in Texas. But we are planning to get married in India. Now that this issue has come up, my Father-in-law is suggesting that we get married in the US. I'm confused.

Any directions that throws a little bit of light, will be of immense help.

Thanks

Kris

You should consult with an experienced immigration attorney, as this case has the potential to go several ways.

1. see if you're fiancée is actually a US citizen. She may have derived US citizenship when her father or mother naturalized if they met the physical presence requirements. If she is a USC, then when you get married, you file the AOS immediately.

2. if she meets the physical presence requirements of 30 of 60 months in the US, have her file for her citizenship now. It is only taking about 4-6 months for N-400's. After she gets sworn in as a USC, then you get married and file the AOS immediately.

3. if she is an LPR and cannot file for natz, then you should file for an NIV such as the H-1B or F-1. you would wait for her to become a USC, then as above.

It does not matter where you marry, its when you marry is the question.

Good immigration law firms in Texas: BAL, Foster Quan. Good luck.

Thanks a ton DCcityboy. I will talk to my fiancé and get back, if I have questions to append. Thanks again.

I just found out that she can petition you as her fiancée, all the immigration lawyer will ask is $795 fee if you are already her fiancé to come here in usa to marry.

I just found out that she can petition you as her fiancée, all the immigration lawyer will ask is $795 fee if you are already her fiancé to come here in usa to marry.