F-1 marrying GC holder

[browniegirl]

I'm currently on an F-1 visa (used to have H1) and am planning to marry a GC holder this year. What is the process for obtaining a work authorization or GC in this case? I know the process for getting a GC is 5 years or something, but what about a work authorization?

 

[browniegirl]

Follow-up

I really appreciate any help I can get on the F-1 marriage to GC holder question. I just heard from a friend that it might be a problem to get married in the U.S. because the F-1 visa is not "intent to stay". I need to determine where I should get married ASAP!!

Thank you so much for anyone who might be able to offer help.

Brownie

 

[amishah]

I really appreciate any help I can get on the F-1 marriage to GC holder question. I just heard from a friend that it might be a problem to get married in the U.S. because the F-1 visa is not "intent to stay". I need to determine where I should get married ASAP!!

Thank you so much for anyone who might be able to offer help.

Brownie

You can get married to a GC holder but waiting time for your GC and work authorization is long.You have to maintain your status as F1 or H1 if you can get it again. Once the GC holder person become a USC, you will be able to adjust your Status and can get a EAD.

 

[N400 applicant]

I really appreciate any help I can get on the F-1 marriage to GC holder question. I just heard from a friend that it might be a problem to get married in the U.S. because the F-1 visa is not "intent to stay". I need to determine where I should get married ASAP!!

Well unfortunately you dont have good news.

Your GC spouse will have to file a 130 for you. It take anywhere between 6 months to 1 year for that to get aprroved. Once approved you will have to wait for a immigration number to be assigned to you which can take as long as 5-7 years. This happens because there is a limited yearly quota for greencards for spouses of greencard holders.Only when a immigration number is available, you can apply for 485 and work permit.(EAD)

Till that time...few years you HAVE TO MAINTAIN YOUR OWN INDEPENDENT LEGAL STATUS. you will NOT GET any kind of work permit or whatsoever.

best bet would be to wait for your spouse to become a US Citizen and then apply

Yes you can ofcourse marry . Even though F-1 is a "no intent" visa, its independent of GC. One possible issue can be that if your F-1 visa expires and if you need to travel outside the country while being on F-1 status, you will have to go to restamp your visa. During this stamping, they might reject your F-1 when they learn that your gc spouse has applied 130 for you and that you "have intent" to live in USA forever. Again this would depend on the consulate officer.