>> F1 Student getting married...Which way is quicker to get GC???

A

ahmedsi

Registered Users (C)
I'm currently on F-1...will graduate in December of this year (2007)...Got a job offer which will start in December (employer "NOT" sponsoring for H-1) and will work on OPT for that time period after I graduate...If I marry a green card holder would it take longer time for me to get my green card OR is it better marrying a Citizen and get my green card quicker...? In other words, What's the time period difference for getting a green card if one marries a greencard holder than marrying a citizen?
either way (marrying a GC holder or a citizen), would this cause me any problem if I work on OPT starting December 2007? I would really appreciate some response on this issue...Thanks!!
Also, If marry someone who has filed in for Citizenship for herself and havent got it yet, then what?

FYI: I have done a lot of research like this case, but couldnt find much, so thats why posted new thread...thanks for this generous support!!!
 
Last edited by a moderator:
ahmedsi said:
I'm currently on F-1...will graduate in December of this year (2007)...Got a job offer which will start in December (employer "NOT" sponsoring for H-1) and will work on OPT for that time period after I graduate...If I marry a green card holder would it take longer time for me to get my green card OR is it better marrying a Citizen and get my green card quicker...? In other words, What's the time period difference for getting a green card if one marries a greencard holder than marrying a citizen?
either way (marrying a GC holder or a citizen), would this cause me any problem if I work on OPT starting December 2007? I would really appreciate some response on this issue...Thanks!!
Also, If marry someone who has filed in for Citizenship for herself and havent got it yet, then what?

FYI: I have done a lot of research like this case, but couldnt find much, so thats why posted new thread...thanks for this generous support!!!
Click to expand...

it would take alot shorter if you marry a US citizen than GC holder (i dont know the exact time difference). I have seen cases in this forum that petioner was a GC holder an became a citizen during the process and they made good use out of it, but it might still be too complicated. if your wife to be is becoming a citizen soon, waiting for her and filing for adjustment could take a lot shorter than filing while she is GC holder (the difference is availability of A#, you can read it in other forums) your OPT will not make much of a sense when you file for adjustment, you should receive your work permit within three months of your filing I-485 and I-765.
hope it helps
 
Last edited by a moderator:
The difference is huge! I was married to a GC holder for 3 years. He filed the petition for me right after we got married, but for the 3 years nothing happened to it! He got his citizenship 2 months after we got divorced.

Now I am married to a USC and we filed in May and have the interview next month!
 
isezer said:
it would take alot shorter if you marry a US citizen than GC holder (i dont know the exact time difference). I have seen cases in this forum that petioner was a GC holder an became a citizen during the process and they made good use out of it, but it might still be too complicated. if your wife to be is becoming a citizen soon, waiting for her and filing for adjustment could take a lot shorter than filing while she is GC holder (the difference is availability of A#, you can read it in other forums) your OPT will not make much of a sense when you file for adjustment, you should receive your work permit within three months of your filing I-485 and I-765.
hope it helps
Click to expand...

So what you are saying is that my OPT will not help me much to keep my job that will start in Jan (job start month). IN SHORT my main concern is my job security: after I get married to either one (GC holder or citizen), would I be able to keep my job or I just cant work there anymore till I get my work permit after filing in I-485 and I-765...???

THANKS ALOT FOR ALL YOUR HELP GUYS!!!!
 
ahmedsi said:
So what you are saying is that my OPT will not help me much to keep my job that will start in Jan (job start month). IN SHORT my main concern is my job security: after I get married to either one (GC holder or citizen), would I be able to keep my job or I just cant work there anymore till I get my work permit after filing in I-485 and I-765...???

THANKS ALOT FOR ALL YOUR HELP GUYS!!!!
Click to expand...

No eventhough i dont know for sure but i think you will lose your OPT status once you file I-485. until you get your work permit through your marriage you might not have right to work. however, (i dont know what kind of a work is this) the company you work for will have a copy of a work permit valid for a year, so they might not ask you for another one until the expiration of that one. you should get by until your OPT expires. if you are lucky you might get your work permit or even your green card through your marriage before your OPT expires (which might be the case if you marry a citizen, if wife is GC holder i dont know how long it would take to get your work permit and it seems like you would get your GC in 5 years).
again, it is better to look around the forum. there are million cases out there which might be similar to your case.
good luck
 
After you graduate, apply for OPT and work for a year. If you marry the GC holder, you can only file the I-130, and you can't file the I-765 for the work permit. If you marry the USC you file the I-130 and I-485 at the same time, and at that time you can also file the I-765 for the work permit while application is being processed.
To make a long story short, if you marry the GC holder you can only work for the duration of your OPT, then you are no longer in status. The whole process will take much longer than marrying a USC.
 
Here's my take on this, ahmedsi. You go and marry whoever you are in love with and want to spend the rest of your life with. If the person happens to be a GC holder or US citizen, and you would like to live in marital union with them in this country, you will go through an AOS process to LPR sooner or later. If your only concern is to keep your employment, I would suggest you look for employment based immigrant or non-immigrant visa opportunities for now. Don't make a life partner decision based on short term employment needs.
 
This is getting quite interested though...LET ME CLEAR YOU ALL UP ON THIS ONE...my soon to be ONE AND ONLY wife is currently a GC holder and her citizenship application is under process RIGHT NOW AS WE SPEAK...So please dont take this as something that I am opting on and kind of FLIRTING AROUND with two at the sametime...! I am quite faithful to her... meaning to the one i am getting married to...!

what I am getting out of all this is:

>>> If she is a currently a GC holder and if I start working in december: I can only work on OPT for a year and then what happens...????

>>> If she is a citizen then I can file in the I-130 and I-485 at the same time, and at that time I can also file the I-765 for the work permit while application is being processed???

PLEASE CORRECT ME IF I AM WRONG!!!!
THANKS ALOT!!!!
 
Last edited by a moderator:
when your OPT is over, and if your wife didn't become a citizen yet, you will find yourself out of status, unless you extend your F-1 status through another program, or change your status to something else.

She can file I-130 for you now, but it will not give you a status or a work permit. It may also hinder any application to change your status to another non-immigrant status.

She can wait till she becomes a citizen, and then you can file I-130+I-485+i-765 AOS package, you will get a work permit in about 2-3 months.

You can work till the end of your OPT whether you apply for AOS or not.
 
ahmedsi, thanks for explaining that it is one person. I'm still a little troubled that job security is your "main concern," and why you speak of her as if she's separate people. If you marry her, she might be a LPR now, citizen in the future. Her immigration status at time of marriage is irrelevant, it becomes important when she petitions for your AOS.

I would still urge you to look into other options instead. If your company doesn't want to sponsor your H-1B then you could look for a different employer. How far away is she from citizenship? One year of OPT doesn't buy you a whole lot of time when it comes to such lengthy processes as her naturalization, followed by your AOS, etc.
 
Last edited by a moderator:
You must log in or register to reply here.
Top