F1 and Marrage with future GC holder

glus

Registered Users (C)
Hi Guys!
Please help:

I am in the U.S. on F1, will graduate in May 05. My fiance is being sponsored by her mother and she is over 21 years old. Her mother will turn to be a Citizen in 1/2005. Right now my fiance falls into unmaried sons and daughters of permament residents. When her mother passes Citizenship, my fiance will move to another group, unmaried sons and doughter of Citizens, and hence will be immedaitelly eligible to apply for adjustment of status. What happens if we get married before she applies for udjustemnt of status? As far as I understand, my fiance will move to the group of married sons and daughter of u.s. Citizens, which will delay the filling of I-485.... . This is not a big deal, because her case has been pending for many years, and even if she gets to married sons and doughters of U.S. Citizens group, she will be eligible for an immigrant visa number in a few months. My questions are:

If we get married after my fiance's mother turns U.S. Citizen, can my fiance still apply for adjustment of status based on the pending process?

If we get married before my fiance applies for adjustment of status, can I join the application in order to receive my GC faster?

Is that true, that if we get married, the case is cancelled, and my fiance's mother must fill a new sponsorship application?

Thank You. :)
Have a great day.
 
glus said:
hence will be immedaitelly eligible to apply for adjustment of status.

I assume that based on this, her priority date is between 1995 and 2000, since she would be current under FB1 but not FB2B.

What happens if we get married before she applies for adjustemnt of status?

She falls into the FB3 category. What is her EXACT priority date?

If we get married after my fiance's mother turns U.S. Citizen, can my fiance still apply for adjustment of status based on the pending process?

Not until her date is current for the FB3 category.

If we get married before my fiance applies for adjustment of status, can I join the application in order to receive my GC faster?

Yes, you would be eligible to file an AOS as a derivative beneficiary, but that puts her into FB3.

Is that true, that if we get married, the case is cancelled, and my fiance's mother must fill a new sponsorship application?

No, she just switches categories.
 
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