F1 student marrying GC holder

piplanih

Registered Users (C)
Hey, here's a question for all those in a similar boat. Anyone with insight, please do reply:

I received my GC about a year ago. This coming Jan, be marrying a F1 student. To me, we can do 1 of 3 things...
1. Given the fact that my wife will be pursuing her studies, she maintains her F1 status and we do not file for her GC. In this case, she goes the immigration route on her own - thru H1 and then GC.
2. We file for her GC. How long is this process? Do we need to start from scratch or does the process start at I-130, then 485?
In this case, she can still go to school, but we will need to inform INS and this option will create issues if she wants to travel in the future.
3. We wait until my citizenship comes thru (at least another 4 years) and then she files for her GC. Then it should come thru in 6 months to a year...from what I hear.

So guys & gals, what's the recommended course of action? People with prior insight / same boat....the advice is appreciated.
 
I am not a lawyer, but here is what I can tell you based on the processing times for various options.

Filing for a Green Card for your wife on basis of your LPR status can take upto 5-6 years due to the backlog (waitlist) of visas for this category. As far as I know, your wife would not be able to stay in the US during that time.

Option 3 would take 4-5 years as well. Moreover, if you do not stay in the US continuously for the next 5 years (with breaks of six month or less) the countdown clock for your application for natrulization maybe reset and you may have to wait another 5 years before you can apply.

Option 1 seems to be your best choice if both of you want to be in the US for the next few years.
 
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