F1 Student Married to Green Card Holder

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geppo

Registered Users (C)
I hope someone can shed some light on this situation.

I am a green card holder and just recently got married to my fiance who is a FI student. I am not due for citizenship until 2009. How long will it take for her to get a work permit and green card if I file for her immediately?:confused:

Thanks
 
geppo said:
I hope someone can shed some light on this situation.

I am a green card holder and just recently got married to my fiance who is a FI student. I am not due for citizenship until 2009. How long will it take for her to get a work permit and green card if I file for her immediately?:confused:

Thanks
Click to expand...

it would take years since your a GC holder.And she would have to maintain her f-1 status for those years she's waiting
 
You can't file for a work permit for her immediately; it will take years for her to become eligible for that (except as part of the one-year F-1 OPT).

And she can't leave the country without taking a big risk, because F-1 requires nonimmigrant intent and being married to a GC holder is evidence of immigrant intent. She might not be allowed to re-enter the US.

Be very careful about the steps you take, and get some advice from a good immigration lawyer, because the order and timing of which you handle this could make a big difference in the if and when she ever gets a green card.
 
Geppo,
Did you consult an attorney? I'm in similar situation and need some help regarding what to do.

I will really appreciate your advise.
 
udi said:
Geppo,
Did you consult an attorney? I'm in similar situation and need some help regarding what to do.

I will really appreciate your advise.
Click to expand...

I consulted my attorney and he said i can go ahead and marry but just do not file for my wife until i get my citizenship. She will be able to travel in F1 status but I just need to make sure that we do not approach the IO at the POE together just in case there are some questions relating to her being married.

This situation sucks but it is the best we can do. I hope this helps.
 
Hi,
I am a F1 student and married my husband which is a GC holder. My husband is waiting for his citizenship on 2011 and my visa is going to expire on 2010. I went to consulate with an attorney and they said my husband could file a GC petition for me and later when he gets his citizenship the case will go up to priority/first preference category and will be process faster than the GC holder.

I went back twice last year bcz of an emergency matter. I travelled with an F1 visa still and got in and out the immigration smoothly.
 
Im a Green Card Holder and gonna be finlling for citizenship in end of Novemember (filling few months before Feb 22)... My partner is a British Citizen we are planning on getting married end of October or Novemeber.... How long would it take for him to get the work permit since Im months away from getting my citizenship?
 
I am getting ready to apply for citizenship but my husband has an expired J1 visa would that affect us.
 
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