GC through Spouse - a tricky one

[rukna]

OK, here's the deal:

-- My Fiancee and I are residents of two different states. We also work in our respective states.
-- My Fiancee is a GC holder with her Citizenship interview scheduled fairly soon. I've been on H1B for 5 years with my priority date in mid 2004.

So instead of waiting for my PD to approach (it'd be a while, I know), I'm leaning towards filing for my GC on my spouse's behalf. Of course, that would imply that I marry her as soon as she gets her citizenship.

So far so good. Here's the tricky part: I'm planning the "as soon as she gets her citizenship" wedding in the court [and from here on referred to as the "court wedding"]. The "real wedding" is scheduled for the beginning of next year, which is going to transpire in our home country. So, this is where things get a little tricky (in my head, at least).

1. In what state should I do the "court wedding"? or does it not matter? We're going to be living together in my state when that happens, if that helps.

2. I'm going to be applying for the I-130 and I-485, I-765 and I-131. How long does it normally take (in your opinion) for the whole process, specifically the I-131 and I-765 to get approved? I'm curious if it'd be processed by the time I leave for the motherland for the "real wedding".

3. Again, in your opinion, is it worthwhile for me to go through a lawyer, or is it a rather trivial that I can do it myself?

I would greatly appreciate if you could shed your thoughts on my case, or if there's a word of wisdom you'd like to share.

 

[payala]

1. In what state should I do the "court wedding"? or does it not matter? We're going to be living together in my state when that happens, if that helps.

It doesn't matter were you get married, you do need to file in the DO from the state were you will be living.

2. I'm going to be applying for the I-130 and I-485, I-765 and I-131. How long does it normally take (in your opinion) for the whole process, specifically the I-131 and I-765 to get approved? I'm curious if it'd be processed by the time I leave for the motherland for the "real wedding".

It depends on your DO, anywhere from 3 months to 3 years... I would say usually between 6-12 months. For the 765 it would take up to 3 months USUALLY. The I-131 is not important, the important one is the 485 to be aproved.

3. Again, in your opinion, is it worthwhile for me to go through a lawyer, or is it a rather trivial that I can do it myself?

Lawyers are expensive and sometimes dumb. We did our research and everything turned out OK.

I would greatly appreciate if you could shed your thoughts on my case, or if there's a word of wisdom you'd like to share.

 

[memme]

OK, here's the deal:

-- My Fiancee and I are residents of two different states. We also work in our respective states.
-- My Fiancee is a GC holder with her Citizenship interview scheduled fairly soon. I've been on H1B for 5 years with my priority date in mid 2004.

So instead of waiting for my PD to approach (it'd be a while, I know), I'm leaning towards filing for my GC on my spouse's behalf. Of course, that would imply that I marry her as soon as she gets her citizenship.

So far so good. Here's the tricky part: I'm planning the "as soon as she gets her citizenship" wedding in the court [and from here on referred to as the "court wedding"]. The "real wedding" is scheduled for the beginning of next year, which is going to transpire in our home country. So, this is where things get a little tricky (in my head, at least).

1. In what state should I do the "court wedding"? or does it not matter? We're going to be living together in my state when that happens, if that helps.

2. I'm going to be applying for the I-130 and I-485, I-765 and I-131. How long does it normally take (in your opinion) for the whole process, specifically the I-131 and I-765 to get approved? I'm curious if it'd be processed by the time I leave for the motherland for the "real wedding".

3. Again, in your opinion, is it worthwhile for me to go through a lawyer, or is it a rather trivial that I can do it myself?

I would greatly appreciate if you could shed your thoughts on my case, or if there's a word of wisdom you'd like to share.

Relax Man. This is not as tricky or complex as you have made it sound like. You can marry your fiancee even before she gets citizenship (You don't have to wait unless you want to). May be that will save some time as then you will just need to submit the forms to USCIS after she gets the citizenship.

Travel to home country: There are two options -

1. Schedule it btween AP receipt and interview. Might be tricky but I did it.
2. Schedule it after the interview.

In either case apply for EAD and AP along with you initial paper work. Both of these documents are usually valid for 1 year.

 

[axepatel]

1. In what state should I do the "court wedding"? or does it not matter? We're going to be living together in my state when that happens, if that helps.

Ans: I married to a USC girl. I am also on H1 and applying like you. I was told that the marriage has to occur in the city court where the girl lives. This was told to me when I approached some different court for taking an appointment for marriage. So, I would recommend take an appointment in the nearest court from your girls' address.

Thank You.

 

[pianoplayer]

1. In what state should I do the "court wedding"? or does it not matter? We're going to be living together in my state when that happens, if that helps.

Ans: I married to a USC girl. I am also on H1 and applying like you. I was told that the marriage has to occur in the city court where the girl lives. This was told to me when I approached some different court for taking an appointment for marriage. So, I would recommend take an appointment in the nearest court from your girls' address.

Thank You.

Never heard of such a thing...you are free to marry wherever you like, even in a state that neither of you live in. You only need to adhere to state marriage license requirements - some require blood test etc. etc.

 

[Krieger71]

I went through a lawyer and regret it everyday
If I could do it again, I'd do it myself.

 

[dr_lha]

1. In what state should I do the "court wedding"? or does it not matter? We're going to be living together in my state when that happens, if that helps.

Doesn't matter where you get married. I got married in a state neither my wife or I have ever lived in. Can you guess which one?

 

[dr_lha]

I went through a lawyer and regret it everyday
If I could do it again, I'd do it myself.

Out of interest, what do you regret about it? Just the cost?

 

[klmasters]

OK, here's the deal:

-- My Fiancee and I are residents of two different states. We also work in our respective states.
-- My Fiancee is a GC holder with her Citizenship interview scheduled fairly soon. I've been on H1B for 5 years with my priority date in mid 2004.

So instead of waiting for my PD to approach (it'd be a while, I know), I'm leaning towards filing for my GC on my spouse's behalf. Of course, that would imply that I marry her as soon as she gets her citizenship.

So far so good. Here's the tricky part: I'm planning the "as soon as she gets her citizenship" wedding in the court [and from here on referred to as the "court wedding"]. The "real wedding" is scheduled for the beginning of next year, which is going to transpire in our home country. So, this is where things get a little tricky (in my head, at least).

1. In what state should I do the "court wedding"? or does it not matter? We're going to be living together in my state when that happens, if that helps.

2. I'm going to be applying for the I-130 and I-485, I-765 and I-131. How long does it normally take (in your opinion) for the whole process, specifically the I-131 and I-765 to get approved? I'm curious if it'd be processed by the time I leave for the motherland for the "real wedding".

3. Again, in your opinion, is it worthwhile for me to go through a lawyer, or is it a rather trivial that I can do it myself?

I would greatly appreciate if you could shed your thoughts on my case, or if there's a word of wisdom you'd like to share.

Don't have advice on most of your questions, but I thought I would mention that my AP and interview dates came at about the same time (last month), both about 3 months after applying (which I did myself and has so far been fine). I travelled to China and thought I could get it in between the two, but it turned out tricky and I ended up having to reschedule the interview. That so far has turned out fine too. Anyway the point of my advice is that planning to travel out of the country while your application is pending adds complications, but for me so far (the GC is not yet approved) the choice has worked out fine.

 

[baltimore2006]

your case is not tricky at all. Just go get married(any court house!) and file the application by yourself. Make sure you read form instructions carefully and enuf posts here, you will be fine.

 

[rukna]

Thank you all for providing such helpful advises. I appreciate it very much! My fiancee just got her citizenship (yay!), so now that I was ready to follow what seemed like a general consensus, someone just told me that I could apply for the GC in my home country, as well. I am told that the process is easier and takes less time (~2-3 months at best), upon when the GC is given at the port of entry on the way back to the US. Is that true? If so, can anyone shed some information and/or experience filing for GC under that scenario. Thanks again in advance!