F1 - GC dilemma

[RReddyD]

Hi!

Really need your advice to help me resolve a dilemma I am in right now.

I am Indian, working in Finland as a Consultant in the Telecom domain for the last 1.5 years. I have a Bachelor's degree in Electronics and Telecommunication from IIT Bombay.

My girlfriend, also Indian, is now in the US, on her first year of LPR (obtained through family - probably uncle).

The dilemma is in getting married.

Being from a conservative family from Delhi, she has to get married off soon, and her parents insist on completing the formalities by 2009.

I would have no problems getting married to her immediately, provided she could join me in Finland, but unfortunately the family wants us to settle in the US.

This is where I get terribly confused:

I am not too keen on working in the US on a H1B, altough I would get one. I get paid more than my classmates in the US, I have a better life and don't have to be enslaved to an employer or risk deportation.

My parents in law, alongwith a immigration attorney they consulted, suggested I do a Masters in Telecom Engg so that I have a F1 VISA - that way we can get married as well as stay together in the US.

Altough not adverse to the idea of getting more educated, I have concerns about the timelines:

Even if I apply for and get a F1 in 2009, the following cases remain:

1. She still has to complete 5 - 1 = 4 years on her LPR, only after which she has to pass her citizenship.

I dont know if there are more formalities after that, so I assume she becomes a citizen in 2009 + 4 = 2013

2. My F1 is valid from 2009 to 2009 + 2 = 2011

Even if I consider the 6 month OPT, my legal stay can be till 2012 - a full year before her LPR matures.

3. Parents suggest we file for immigration while I am on a F1 ?

While I have nothing against this suggestion legally, how do I account for the period of 2012 - 2013 when my F1 expires and she is still an LPR?

Also, even if we get married and file for immigration in 2009, it would take atleast 5+ years for me to get a visa number and then a furthur 5 years for the GC to mature?

So I would be looking at 10+ years of uncertainity?

Are my calculations correct?

I spoke with some of my friends and they suggested to delay the marriage till 2013 when she gets the Citizenship.

That way a visa number becomes available immediately to me and I need just wait 3 years for the GC to mature?

This is terribly confusing!

 

[GotPR?]

your calculation is correct basically.

Also, even if we get married and file for immigration in 2009, it would take atleast 5+ years for me to get a visa number and then a furthur 5 years for the GC to mature?

So I would be looking at 10+ years of uncertainity?
!

What does it mean by "matured" and "uncertainity" ? Are you talking about GC or citizenship ?

 

[nscagony]

The US is facing a pretty bad economic downturn. Why risk that if you don't want to live there? You are marrying your girlfriend, not her family. Work out what you and her want to do, and send her family a postcard once a year.

 

[sk28]

The US is facing a pretty bad economic downturn. Why risk that if you don't want to live there? You are marrying your girlfriend, not her family. Work out what you and her want to do, and send her family a postcard once a year.

You are probably employed by some company that is somehow connected with NOKIA. For your I think she should movein to Finland. I have an advanced degree from US and have a hard time obtaining a good job. That is my opinion. But you can get an OPT now for I think almost 18 months. Also, why does her family want her to live in USA. IS the whole family in the states

 

[GotPR?]

Since when this site became life consulation site ?

 

[Jackolantern]

Also, even if we get married and file for immigration in 2009, it would take atleast 5+ years for me to get a visa number and then a furthur 5 years for the GC to mature?

No. Once the visa number is available, you can get a green card and move to the US (or continue to stay in the US, if you were already in the US with another visa like F1 or H1B). The additional 5 years is for you to become a US citizen. So you're basically looking at 5 years for you to get a green card, 10 years for you to become a US citizen.

The F1 requires nonimmigrant intent, so anything you do to establish strong ties to a person in the US creates grounds for refusing to grant you the visa or denying you entry to the US.

Once you're married, they'll probably refuse to grant you an F1 visa. And if you marry after entering the US with the F1 visa, you're stuck in the US until you get the green card because if you travel outside the US they can send you away because you married a permanent resident.

I would have no problems getting married to her immediately, provided she could join me in Finland, but unfortunately the family wants us to settle in the US.

It is natural for them to want that, given that they have spent the time and money for her to get a green card. But they aren't the ones getting married, or the ones who will have to endure 5 years of restrictions and uncertainty.

Although some of your projections are off, your conclusion is essentially correct ... if you want to marry her and settle in the US it means your life is going to be a bit messed up for 5 years ... either you spend 5 years with an F1 visa, spending money to study and not earning any income (other than part-time on-campus low-wage jobs) and unable to travel outside the US, or 5 years beholden to an employer with an H1B, or 5 years separated from each other with you in Finland and she in the US. And you may be unable to get an H1B even if you find an employer to hire you, because there is a lottery for it due to oversubscription (applications must be received on April 1st, no sooner no later). If she's lucky and they process her citizenship quickly that may get cut down to 4 years.

Are you a permanent resident or citizen of Finland?

 

[RReddyD]

your calculation is correct basically.


What does it mean by "matured" and "uncertainity" ? Are you talking about GC or citizenship ?

"matured" : GC "matures" to Citizenship

"uncertainity" : I heard there are 3 stages in GC processing, and the last one can take even 5+ years?

 

[Jackolantern]

"matured" : GC "matures" to Citizenship

Citizenship is not an automatic thing that the green card matures into. You are eligible to apply for citizenship after living in the US for a number of years with a green card but you don't have to apply for it and they don't have to grant it. But once you have the green card, almost all of the uncertainty you are worried about is gone. The green card allows you to live and work in the US for the rest of your life, even if you never obtain citizenship.

"uncertainity" : I heard there are 3 stages in GC processing, and the last one can take even 5+ years?

Depending on which route you pursue there could be fewer or less stages than that. If she is a citizen sponsoring you, all the stages can usually be completed within a year. If she is not a citizen, the wait is at least 5 years just to begin the final stage, due to the existing backlogs.

 

[RReddyD]

No. Once the visa number is available, you can get a green card and move to the US (or continue to stay in the US, if you were already in the US with another visa like F1 or H1B). The additional 5 years is for you to become a US citizen. So you're basically looking at 5 years for you to get a green card, 10 years for you to become a US citizen.

Can there be other (lateral) delays as well? I heard the GC process is actually a cumulation of 2 -3 separate processes?

Once you're married, they'll probably refuse to grant you an F1 visa. And if you marry after entering the US with the F1 visa, you're stuck in the US until you get the green card because if you travel outside the US they can send you away because you married a permanent resident.

If we file for immigration right now, can we later "update" the application say 4 years from now to reflect that she has already become a US citizen and thus now a visa number should be immediately be available on grounds of me being married to a US Citizen?

Although some of your projections are off, your conclusion is essentially correct ...

This is exactly the type of answers I want!

I know I am off here and there - but where?

That's what I want to know

..and unable to travel outside the US,

I won;t be able to travel outside while on F1 or a GC?

For a GC I believe you can travel for less than a sum of 5 months each?

If she's lucky and they process her citizenship quickly that may get cut down to 4 years.

Are you a permanent resident or citizen of Finland?

You mean the citizenship could be furthur delayed? How?

I am not resident of Finland.. I work with Ericsson on distributed design and often write/implement in Erlang

 

[Jackolantern]

Can there be other (lateral) delays as well? I heard the GC process is actually a cumulation of 2 -3 separate processes?

There are a number of stages and subprocesses involved depending on how you want to divide it and which options are chosen (K1 visa vs. K3 vs. CR1, I-485 vs. consular processing, etc.). Too complicated to get into the details here. If you're unlucky, delays can happen at any stage, but in a best case scenario you're still looking at 4-5 years of waiting.

If we file for immigration right now, can we later "update" the application say 4 years from now to reflect that she has already become a US citizen and thus now a visa number should be immediately be available on grounds of me being married to a US Citizen?

Yes, but it is still 4-5 years of waiting to get to the point (she becoming a US citizen) where that can be done.

I won;t be able to travel outside while on F1 or a GC?

You probably won't be able to return to the US with the F1 after you marry her. No such restriction with H1B or GC.

For a GC I believe you can travel for less than a sum of 5 months each?

If you keep each trip outside the US under 6 months, you'll be OK, as long as you don't string together multiple trips like that (i.e. one trip of 5 months is OK, 3 or 4 trips close together of 5 months each is risking trouble).

You mean the citizenship could be furthur delayed?

Yes.

How?

Because US Immigration is lazy and sometimes they let some people's files collect dust for years. In particular, some people are stuck because of the "FBI name check" which is a background check. If your name gets hit in the computer search, they often have to manually read through the files to check that it's not you, and because it can be very time consuming and nobody wants to do it they just let it sit there for months or years.