Hi everybody, I'm currently in H1-B visa. I'm planning to marry a girl, who had overstayed on her tourist visa. What is the possibiility of her to be reinstated to my dependent? Is it better to reinstate first and then apply for GC (since I'm planning to apply after next couple of months through EB2) or first reinstate her as my dependent and then apply for GC? If she is denied , does it affect my status or GC filing?

I would really appreciate, if somebody can answer it or suggest it. I know nobody can be 100% right when it comes to immigration. But still your suggestions can help me plan ahead. We know Failing to plan is planning to fail.


Thanks

If she has been out of status, then the ways she can get back into status is 1) marry u after u become a citizen 2) leave the country and try to come back on H4.

I think the best thing to do is for her to go back to Nepal and on the 3rd stage of your GC process which is when you file your I-485 you can add ur wife so she can get her GC at the same time as u do.

Thanks True, I really appreciate that. So, according to your opinion, from my current understanding, I can marry her now (Just to give her the right reason to go back) and on the 3rd stage of GC process, add her as my wife. I think there will be fingerprinting when she leaves US and she might be asked questions about the past. It's little complex situation. By the way, if you know any good lawyers in seattle, please let me know.

how long has she been out of status for? I think if she has been out of status for more than 180 days (6 months) she is barred from getting any kind of visa for 10 years. For more info check USCIS or NVC's website.