When should he get married?

S

sonibago

Registered Users (C)
Hello all...I have a question and I would like your advice on this matter please..

My father in law is a green card holder and eligible to apply for citizenship but there is some confusion. He has a fiancee and they have a 10 year old son but they(lady and son) do not live in the US. He wants to get married and file for them so they could join him. I was very surprised when he called the other day and when I asked how his citizenship application is going he told me he has not yet filed and was advised by some friend to get married first then apply for the citizenship so that the wife and boy could get through quicker. I told him that he should apply for the N-400 as soon as possible and he can marry while he is waiting for it to be finalized. Am I wrong?
Should he apply for N-400 first then get married and wait to get his citizenship then file for his wife and son or
Should he marry first then apply N-400 then file for wife and son after getting the citizenship or
Does it matter at all?

I hope I made some sense because it does sound confusing:(. They are planning to get married in December.
 
If he gets citizenship before marriage, he has the option to file for a fiancee visa to bring her to the US and then marry her, or marry her and then file directly for a green card.

If he marries before citizenship, he can file for his wife even before he becomes a citizen, although it might be better to file for her after becoming a citizen so the application will be immediately placed into the faster immediate relative queue (instead of the slower F2A category followed by an upgrade process which could add delays).
 
Thanks for the advice Jackolantern. So essentially he should not file for them until his citizenship is granted thus ensuring that they get into the faster category and avoiding delays. He however can marry her in December but must submit his N-400 asap, right?
I will give him a call later.
 
sonibago said:
Thanks for the advice Jackolantern. So essentially he should not file for them until his citizenship is granted thus ensuring that they get into the faster category and avoiding delays. He however can marry her in December but must submit his N-400 asap, right?
I will give him a call later.
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Yes, he can file N400 now but marry in December 2010. If he wants, he can also file the I-130 now, and once he received a Notice of Action for the I-130, indicate that she will do the consular process, upgrade the petition to immediate relative once he's sworn as a citizen.
 
Al Southner said:
Yes, he can file N400 now but marry in December 2010. If he wants, he can also file the I-130 now, and once he received a Notice of Action for the I-130, indicate that she will do the consular process, upgrade the petition to immediate relative once he's sworn as a citizen.
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he probably can't file I-130 now, since they are not married....
 
LucyMO said:
he probably can't file I-130 now, since they are not married....
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Good catch Lucy, it is the simple facts we mangle at times.

Soni,

He can only file after marriage. Can't he go to Jamaica, get married there and bring the copy of his marriage certificate to file for wife? His marriage has no bearing on his N400 application.
 
Al Southner said:
Yes, he can file N400 now but marry in December 2010. If he wants, he can also file the I-130 now, and once he received a Notice of Action for the I-130, indicate that she will do the consular process, upgrade the petition to immediate relative once he's sworn as a citizen.
Click to expand...

That last part is what I was warning against. When the spouse is overseas, coordinating and confirming the upgrade with the NVC and consulate can involve lots of hassle and take a long time. If he becomes a citizen before filing the I-130, they would avoid having to do the upgrade.
 
Al Southner said:
Soni,

He can only file after marriage.
Click to expand...

He can file I-130 only after marriage ... but once he becomes a citizen, he can file I-129F for the fiancee visa before getting married. The fiancee visa would enable her to move to the US a few months sooner than with the I-130, although using the fiancee visa is likely to make the overall process until green card approval take longer. This is because after arrival in the US with the fiancee visa, they still have to file I-485 and associated papers and do another interview to get the green card, whereas with the I-130 she would immediately become a permanent resident upon arrival in the US with the immigrant visa.
 
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