F-1 marrying to Green card holder

K

kruz_patz

Registered Users (C)
Hello All,

All of your experts suggestions are helpful to me in my personal case. I really appreciate your valuable response.

My fiancee' is holding a Green Card and will be eligible to apply for US citizenship after 3 years from now.

1. Can we file for my GC when she will file for her Citizenship.?

2. Once my fiancee' becomes citizen how long does it takes to get green card for me? 6 months.....1 year......I am from India and also currently holding F1 status.

3. Is it advisable to not file for my petition at this time based on her GC status, until she becomes citizen?

Please reply.

Thank you.
 
1. You can file anytime after you get married, even now since she is a permanent resident, but you'd be looking at a 5 year wait for your priority date to become current. (Family Preference 2A in the Visa Bulletin).

2. If you file once your fiancee-then-wife becomes a citizen, the whole process typically takes under 6 months, except if you're stuck in a name check. But for all practical purposes like not having to take a full course load anymore, and being able to work, it will be about 3 months after you apply.

3. You do the math, it's likely to take until she is a citizen ... but then again, it doesn't hurt to file early either if for some unlikely reason the PD becomes current sooner. One advantage you'll have if you get your green card in two years or more after you're married is that you'll be granted unconditional permanent resident status vs. two-years conditional.
 
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My case is similar to yours, she was a greencard holder when we got married, then she filled a I-130 for me. Anyway the only benefit to file the I-130 first is like someone said here, it will save you some $$ if they increase their fees again.
Then a year after she became citizen. The second day after her ceremony, we sent a lleter and called to upgrade that I-130 to a first preference (Dont remember de name)..
Then if you keep your legal status, you will be ready to file the adjustment of status I-485 after having the I-130 upgraded. In addition, if you keep your legal status you can file the the I-1485 before the I-130 gets approved.. That is something I couldn't do bacuse I am in removal proceedings, but in your case it will be fine.

Good luck!!
 
even if you do not keep your status you will be able to AOS. Of course you must have had a legal status to begin with and make sure you were not deported.
 
Anyway the only benefit to file the I-130 first is like someone said here, it will save you some $$ if they increase their fees again.
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that is not the only benefit. And there are also downfalls to filing I-130 early.
 
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