I am eligible to apply for citizenship now. I am soon going to marry my gf who is in US. She was in F1 visa as student and recently got Optional Practical Training (OPT). Is it better to apply as married couple when I apply for citizenship or should I get my citizenship first and then apply for her GC? Any helpful suggestions would be appreciated very much. Thanks.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
citizenship and spouse
- Thread starter resham
- Start date
MissMolina
Registered Users (C)
Does not matter, as long as she can maintain her F1 status.
Better marry after you become a USC, things will be lot easier.
Better marry after you become a USC, things will be lot easier.
resham said:I am eligible to apply for citizenship now. I am soon going to marry my gf who is in US. She was in F1 visa as student and recently got Optional Practical Training (OPT). Is it better to apply as married couple when I apply for citizenship or should I get my citizenship first and then apply for her GC? Any helpful suggestions would be appreciated very much. Thanks.
In my opinion, it is better for her to apply for a GC after you get your U.S. citizenship. At that time, as your spouse, she can apply for a GC (both I-130 and I-485) immediately and not be subject to a quota. She will also become eligible for an employment authorization document and for advanced parole travel document at the time I-485 is filed.
If she applies as your spouse while you are still a GC holder but not a U.S. citizen, she will be subject to the yearly quota for the "1-st family preference category" and, technically, will have to wait for her "priority date" (the date of filing I-130) to become current before filing I-485 (the current wait is about 5 years for most countries, according to the visa bulletin).
It will be possible for her to switch to the no-quote track in that case after you become a U.S. citizen, but considerable buraucratic hassle is involved in that. So it is easier to wait until you get your citizenship and for her to apply for a GC then.
Regarding when to marry, there are two things to keep in mind.
On one hand, the sooner you get married, the sooner her GC will become permanent rather than conditional. When your wife applies for a GC based on a marriage to a U.S. citizen (you), at the time the application is approved, your wife will get a conditional green card if at that moment she will have been married to you for less than 2 years. That green card will become a permanent one on the 2-nd anniversary of the marriage.
On the other hand, if you get married before you get your U.S. citizenship, it may become more difficult for your wife to obtain a non-immigrant visa.
Most visas, e.g. F-1, assume "non-immigrant intent" which may be difficult to prove if one is married to a GC holder. So if during that period your wife goes abroad and applies for something like an F-1 or a B-1 visa at a U.S. consulate abroad, she may have a problem.
Some visas, such as H-1, O-1, L-1, assume dual "immigrant/non-immigrant intent", and this would not be an issue there.
It will also not be an issue if your wife maintains her F-1 status but does not travel out of the U.S.
As I said, these problems sort of go away after she files I-485 (based on a marriage to a U.S. citizen) since at that time she will no longer need to maintain a nonimmigrant visa status and will be able to apply for an employment authorization and an advanced parole travel document.