A Green Card holder with a F-1 finace

S

sun_77

Registered Users (C)
Hi all,

I am a green card holder for the last two years. My fiance has got her F-1 recently. She will be coming to US this coming fall.

We will go back some time in the end of the year and get married.

Can we come together as a couple. It might show that she is planning to immigrate. Should we come seperately ?

After coming over here, Can I file for her Green card through family based process ? Is this worth it or its better to wait until my citizenship considering the wait for family based applications.

When will I become eligible to apply for a citizenship ? Is it 4.5 years or 5 years ?

My fiance will come here in another two months. I am planning to register the marriage in this country and file for her green card. Let me know if you see any issues with this.

How long it will take for her to get K visa or green card after I get my citizenship ?

Please help.

Thanks
Sun
 
As a permanent resident you can peition for your wife's PErmanent Residence but the problem is that it takes approximately 4-5 years + for a visa number to be available for her.. in this period if your fiance / wife loses her F-1 status she will be considered to be out of status and thus be subject to deportation (removal) as it is now known.

you and your wife can return together or seperate thats upto you both.. but she has to keep her F-1 status valid till her priority date becomes current.

As for you applying for ur Citizenship you can do so 4 years and 9 months after your Green Card was approved.

Hope this helps.
 
Thanks for the information sachin.

When she is entering US on a F-1 and if the immigration officer knows that she had already filed for green card. they might reject her entry into the states on the fact that she has immigration intent.

I think its better not to file for green card while she is on F-1, it will show her immigration intent on f-1. So, wait until citizenship and then take care of her visa issues.

what do you say ?

if she gets out of F-1 I can get her a H-1 for the time being until she gets her K visa or green card after my citizenship..

what is the procedure for applying for her visa after I get my
citizenship ? should I go for K-visa or green card for her.

thanks
 
I dont have an answer for the F-1 and Green card petition with an immigrant intent

but as a USC if you are married to her by then you can file the I130 / I485 packet directly instead of the K-1.. remember a K-1 visa is a fiance visa which is filed for a fiance to come to the US for an intent to get married.. considering the fact that ur fiance is in the US for her to be a beneficiary you need to file the I130 / I485 packet (when you both get married)

HTH
 
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