Marrying to GC holder

S

sujannp

New Member
Hi,

I am going to marry GC holder girl. I heard that processing of I-130 & I-485 is very fast right now. If I go back India whicle I am on F1 visa & my I-485 file is pending, will it make any problem for re-entree in USA ?
Is it safe to go back India on F1 Visa OR H1 visa ( while i-485 is pending) ?
 
sujannp said:
Hi,

I am going to marry GC holder girl. I heard that processing of I-130 & I-485 is very fast right now. If I go back India whicle I am on F1 visa & my I-485 file is pending, will it make any problem for re-entree in USA ?
Is it safe to go back India on F1 Visa OR H1 visa ( while i-485 is pending) ?
Click to expand...


It is only safe to travel back to India with H1B visa on hand, because it is a dual-intent visa, with an F1, it might create some pandoori situation...lol!! What type of visa do you currently have, who filed for your I-485?
 
What is the basis for which you are filing I-485? Who filed the I-130 petition for you, if that has been filed? Your case is confusing, in most cases, people who prepare to file for I-485 are either sponsored by a parent, sibling (after waiting a 1000 yrs for a visa), spouse or employer. In your case, I am not sure why are you filing or the basis for filing. I hope you know that you just can't file I-130/485 because you are able to mail them in, eligibility is paramount.
 
Once you file the I-485, your F1 visa is definitely useless for reentry (even with the I-130 you're likely to have problems reentering with the F1). But you can reenter with Advance Parole, which you can apply for along with the I-485. However, you must remain in the US until the AP is approved, which can take 2-3 months.

Note that since there is no I-130 filed for you, and you haven't even married yet, you're probably at least a year (or two or three) away from being eligible to file the I-485. As the spouse a permanent resident, you can't file the I-130 and I-485 together.
 
I am still going to file I-130.......than I will do I-485.... & thats on the bases of my spouse who has GC...
I want to know if i leave USA than which status is more safer to re-enter in USA while i-485 is pending ?? H1 OR F1 ?
 
sujannp said:
I am still going to file I-130.......than I will do I-485.... & thats on the bases of my spouse who has GC...
I want to know if i leave USA than which status is more safer to re-enter in USA while i-485 is pending ?? H1 OR F1 ?
Click to expand...

dude, you are NOT clear. Your intended spouse is a green card holder? If this is the case, then you still have a way to go before getting a GC. From the latest information, about 2-3 years (Jack-might have more accurate information, he issues visa). You should do this, go back to India, marry your woman while still on F1, ICE or CBP aren't in the business of asking you, did you go to India to get married? When you return to the US, you spouse will then file for I-130, but then be prepared to be on your F1 for couple of years until your visa number becomes current, you will need to remain in the US on a legal status. How soon will your wife be eligible for naturalization? Don't file for any immigration paperwork while in the US before you get married, do it after you return to the US. Also, did you just get your F1 or have had it for a while? Do you have prospect for an H1?
 
It will sound like marriage fraud to them. You jumped from a green card holder to a citizen. You might have some problems getting them to accept your second marriage in 8 months.
 
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sujannp said:
I want to know if i leave USA than which status is more safer to re-enter in USA while i-485 is pending ?? H1 OR F1 ?
Click to expand...

As I said above, once the I-485 is filed, the F1 is useless for reentering the US. You will need Advance Parole or H1.

Do you understand how the visa bulletin works and how it affects your eligibility to file the I-485?
 
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CarlDen said:
It will sound like marriage fraud to them. You jumped from a green card holder to a citizen. You might have some problems getting them to accept your second marriage in 8 months.
Click to expand...

Carl,

You do know that your advertising is against this forum's terms of use? Your external links are not permitted. Also, I am not sure how you came to make a determination that the OP will be jumping from green card to a citizen. Do you know the OP business intimately?
 
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