H1B Non Immigrant in US marrying a GC holder who is going to file for citizenship after marriage

[JGMLens]

Hi,
I have a situatution here. I am currently in the US on H1B visa, will be marrying a GC holder in April. The marriage will not be in US. In September my fiance would be applying for her US citizenship. After the marriage i will be back in US for a couple of more months on the same H1B visa.

How should i proceed with applying for a GC myself? Do i wait till she gets her citizenship or should i apply while she has a GC?

Really appretiate the efforts that you guys are taking to help.

Regards,
JGM

 

[ananga73]

The truth is that assuming she does get her citizenship smoothly i.e. sometime later this year or early next year, it will be faster if you file as the spouse of a citizen than the spouse of a green card holder. Since you have an H1 which allows dual intent, I do not see any rush barring any unforeseen circumstances.

By the way what do you mean by after the marriage you will be back in the US for a couple of months? Does it mean your green card expires in July sometime or August before she becomes a citizen? If that is the case I would say file immediately you come back from the marriage. If you H1B will be valid through the time she gets her citizenship, I would say wait till she gets her citizenship before filing.

Cheers.

Hi,
I have a situatution here. I am currently in the US on H1B visa, will be marrying a GC holder in April. The marriage will not be in US. In September my fiance would be applying for her US citizenship. After the marriage i will be back in US for a couple of more months on the same H1B visa.

How should i proceed with applying for a GC myself? Do i wait till she gets her citizenship or should i apply while she has a GC?

Really appretiate the efforts that you guys are taking to help.

Regards,
JGM

 

[JGMLens]

Thanks for your reply.
I meant that i will be back in US after my marriage. My visa is not expiring until 3 years from now BUT my project might get over by the end of this year.

So you are suggesting that i should wait till my fiance gets her citizenship and then apply for a green card? I heard from a friend that if i register the marriage in US while she is a GC holder my GC processing will be done quicker. Is that true?

 

[ananga73]

See answers in bold.

Thanks for your reply.
I meant that i will be back in US after my marriage. My visa is not expiring until 3 years from now BUT my project might get over by the end of this year.

So you are suggesting that i should wait till my fiance gets her citizenship and then apply for a green card? Correct I heard from a friend that if i register the marriage in US while she is a GC holder my GC processing will be done quicker. Is that true? No truth to it. Green cards by marriage to USC's are taking from 3 to 6 months normally. I don't see you getting it faster if you filed while spouse is a permanent resident than that duration after filing when your spouse becomes a USC.

 

[Jackolantern]

In your situation, you expect to be in the US when she becomes a US citizen, so there's no reason to delay the filing until she's a citizen. She should file the I-130 as soon as possible after you get married. After she's a citizen you can file the I-485 and other related paperwork and they'll automatically upgrade the I-130 accordingly.

There is another scenario in which it may be simpler and faster to wait for naturalization before filing the I-130. That scenario is where the permanent resident spouse is close to citizenship eligibility (say around 6 months or less), but the immigrant spouse is going to be outside the US after naturalization of the LPR spouse. In that situation, it will be necessary to coordinate the post-naturalization upgrading of the petition between USCIS, NVC, and the consulate before the case can proceed to the final stages, and getting that upgrade request done can involve months of hassles. So some people decide to wait until after naturalization to file the petition, so there would be no upgrade process to deal with.

But you're not in that situation. She can file the petition ASAP after getting married, then once she becomes a citizen you'll probably be inside the US so you can file I-485 and the related papers without the hassle and delay of an upgrade process. With the I-485 having been filed when she's a citizen, during the usual I-485 processing they will recognize that she's a citizen (obviously you'll submit proof of her citizenship) and upgrade the I-130 automatically. It's not like outside the US where your case will be stuck and you'll be unable to file DS-230 and related papers while the upgrade is pending.

 

[ananga73]

Jack,

I don't see him getting his approval any faster. If he files I-130 immediately after marriage, and the I-130 is approved, it will still take about 90 days after she becomes a citizen for him to be invited for the I-485 interview. That is not any faster than the current concurrent filing timelines for spouses of citizens.

In your situation, you expect to be in the US when she becomes a US citizen, so there's no reason to delay the filing until she's a citizen. .

 

[Jackolantern]

Jack,

I don't see him getting his approval any faster. If he files I-130 immediately after marriage, and the I-130 is approved, it will still take about 90 days after she becomes a citizen for him to be invited for the I-485 interview. That is not any faster than the current concurrent filing timelines for spouses of citizens.

Even if it's not faster, there's no harm in this situation for filing it before naturalization. Filing the I-130 before citizenship has the advantage of establishing a priority date that may be useful for the F2A category if there are long delays or other problems in the naturalization process. Naturalization delays or denials can be caused not only by USCIS sloppiness, but also by emergent circumstances that require significant time outside the US.

 

[Karnati]

OPT Card dint received after USCIS officers saying its been approved.

Hi
I am a OPT student currently applied for OPT Extension SEP 4th. Its been 24 days I haven’t received receipt number from USCIS so I called to them I have come to know my receipt came and retuned my document. I asked them the reason she told me in my address instead of keeping Terrace I put Terrce. So the post office sent my receipt back. The office told me you’re card has been approved fill AR-11 from you will get your card in 45 days. Mean while I also requested for Receipt to submit my employer other wise he will not let me work after November 26th. I got the receipt and submitted to my employer.
After 45 days still dint receive the card I cal them back they took my address and requested for my card and will take 15 days dint receive the card. After 15 days I again called them they did same process taking my address and requesting again for my card and told me to wait 15 more days you will receive the card. Still I dint receive the card I called USCIS this time also they are doing same process I asked them I want to know what’s the issue. Every time you guys are requesting I am not receiving the card. He told me he doesn’t have more information and forward my cal to higher level officer. Now she is telling me my card has not been approved just now completed back ground check need to take a decision you will receive your card in 180 days I was shocked to here this when I asked her how come other officers are saying my card is approved. She saying I don’t know about that.
Now I have one more problem.
I moving my apartment that means my address will change if I update my address in USCIS they will take again 45 days. I can’t wait 2 more months for the catd. One of my friend suggest me that I can forward my letters from old apartment address to new apartment address by updating new apartment address in USPS.

Now what are options I have?
1 .Why it took this much time get card after they are saying it’s been approved?
2 . Can I update my new address in USPS? If I did like that will I get my Opt card for new address?

I am very very thankful if you can help on this.
Thank you.

 

[ananga73]

You're in the wrong thread in the wrong forum which has zero bearing on your case.

Hi
I am a OPT student currently applied for OPT Extension SEP 4th. Its been 24 days I haven’t received receipt number from USCIS so I called to them I have come to know my receipt came and retuned my document.
Thank you.

 

[Dbigtixket]

Nonimmigrant marrying a greencard holder

In your situation, you expect to be in the US when she becomes a US citizen, so there's no reason to delay the filing until she's a citizen.

In my situation, i am non immigrant alien here in the US since 2009. My situation is that I have a girlfriend from Maryland and been here for 6years and she'll applying her US citizenship soon. How long this could take for her interview?

Is it possible for me and her to get married before she can get her citizenship and petition me after she gets it?

I'm looking forward on your reply'sss...i would appreciate it and thank you!!!

 

[Dbigtixket]

I need answers asap pls

In my situation, i am non immigrant alien here in the US since 2009. My situation is that I have a girlfriend from Maryland and been here for 6years and she'll applying her US citizenship soon. How long this could take for her interview?

Is it possible for me and her to get married before she can get her citizenship and petition me after she gets it?

I'm looking forward on your reply'sss...i would appreciate it and thank you!!!

 

[Jackolantern]

In my situation, i am non immigrant alien here in the US since 2009. My situation is that I have a girlfriend from Maryland and been here for 6years and she'll applying her US citizenship soon. How long this could take for her interview?

The whole process is normally completed within 6 months for most people. Note that citizenship is granted on oath day, which could be weeks or months after the interview.

Is it possible for me and her to get married before she can get her citizenship and petition me after she gets it?

Yes. But once you get married, stay in the US until you have Advance Parole (obtained through the green card process) or the green card itself, because once you're married to a US citizen or green card holder you may have problems reentering the US with a nonimmigrant visa, unless your visa is H1B or L1 which allow immigrant intent.

 

[Dbigtixket]

The whole process is normally completed within 6 months for most people. Note that citizenship is granted on oath day, which could be weeks or months after the interview.


Yes. But once you get married, stay in the US until you have Advance Parole (obtained through the green card process) or the green card itself, because once you're married to a US citizen or green card holder you may have problems reentering the US with a nonimmigrant visa, unless your visa is H1B or L1 which allow immigrant intent.

Thanks for the info guys.

One more thing, so we can get married now and wait for her citizenship to be approve? Am I not get in trouble if we do get married before she gets her citizenship? By the way I'm a I-94(tourist visa) but it expired two years ago.