Marriage to F1 Holder after applying for naturalization

[Thoughtful]

The question was already answered but there are some incorrect suggestion in the mix here is a sumary.

1. It is sad that a person has to decide to get married or wait simply because the USCIS can not do their job in a timely maner. But this is the reality and until it changes, we have to keep that in mind
2. If a person is already qualified to naturalize and decides to get married before applying, the marriage must be entered on the N-400. It will not affect the application for naturalization, but has significant consequences for the F-1 holder if he/she decides to travel. The person might be refused entry into the US. SO if you get married, make sure the F-1 holder does not travel until status is changed. The applicant can submit and N-400 and I-130+ I-485 at the same time but should change it to IR category once the N-400 is approved. During the wait for naturalization the F-1 holder must maintain his/her status. (I think once the N-400 is approved, the F-1 holder can travel under some circumstances like advance parole or somthing linke that.. not too sure on that particular issue)

3. Safest thing for the F-1 holder is to wait for the N-400 to be completed which sadly can take anywhere from 4 months to 4 years

4. If the marriage is consumated after the application, but before the interview, the applicant should wait until interview. During the interview, you will be asked if anything has changes, and you should say you are now married. Prior to that you do not have to do anything. That does not mean the F-1 holder is sitll in the clear when travelling. He/she may be asked at the POE and if the answer to being married is yes, it could trigger problems.

5. SOmeone said something about H1 visas. THe F-1 holder does not need a H1 visa. However, if he/she has one, then it will eliminate all issues in regards to travelling while waiting for the N-400 to get done. That is because H1 visas are dual intent as someone correctly pointed out.

6. Getting into another degree program will only still give you a F-1 visa which does not do anything for you except maintain your status. Dont forget that you will have to pay international student rate which is rather steep.

Hope that helps

So what was the conclusion on F1 visa marrying green card holder

 

[Jackolantern]

The applicant can submit and N-400 and I-130+ I-485 at the same time but should change it to IR category once the N-400 is approved.

The I-485 cannot be filed at the same time as the I-130 in this sitatuation. It has to wait until after the N-400 has been approved, or until after the 5+ years have passed since filing the I-130 (due to the time for the priority date to become current for the "spouse of permanent resident" category).

 

[Thoughtful]

Yeah the visa availability issue. I am not sure why they are still holding onto that rule. After all there are many people (some in this forum) who applied when they were current and they never got it because the USCIS could not get their job done on time (once again)

So the correction to that statement is: you can turn in N-400 + I-130 and then turn in an I-485 when the N-400 is approved and the spouse is still in the USA.

The I-485 cannot be filed at the same time as the I-130 in this sitatuation. It has to wait until after the N-400 has been approved, or until after the 5+ years have passed since filing the I-130 (due to the time for the priority date to become current for the "spouse of permanent resident" category).