GC holder wanting to get married

N

nipster77

Registered Users (C)
Hello,

I'm a GC holder for about 4 years. I was hoping to get married this year. My fiance is in the States. She is almost done with her undergrad so she is on an F-1. She has also secured a full-time job upon graduation. However, her employer (Large Investment Bank in NYC) has said that getting the H-1 is not guaranteed due to reduced quotas. Based on talking to some people on this forum and outside, its advisable to wait until I get my citizenship to file for her I-130 due to faster processing times, possibility of getting denied at a port of entry due to dual intent (F1/I-130) etc.

Question:

Is it ok to get married now (in 2008) and file for her I-130 once I get my citizenship (in 2009)? or is it absolutely necessary to file an I-130 as soon as I get married, which could take her around 5-6 years for her priority date to be current? I know I have to inform my employer when I get married for insurance purposes etc. but do I need to notify BCIS?

Thanks -Nipster77
 
If USCIS knows about the marriage, that alone is enough to turn her away at the port of entry (or deny extending her F-1 status) if she tries to use her F-1 visa. Filing an I-130 would definitely make them know, but marriages are public records, so don't count on them not knowing even if you don't file the I-130.

If she doesn't get the H-1, and can't extend her F-1 status via grad school or OPT, she'll have to leave and wait outside the US until you get citizenship (or 5+ years if you don't get citizenship). But if you don't get married yet, at least she should be able to visit the US for a few months during that time (provided she is from a visa waiver country or can secure a tourist visa, of course).
 
Last edited by a moderator:
some people wait for years for the security check for their citizenship application to clear...
 
I am in a similar situation. We are thinking of registering at a Community College to extend her I-20.

Just to follow up, if one files for I-130 (after the I-20 has been extended) in the situation described by OP, can the spouse stay in the US till the visa number becomes available or is the spouse require to maintain their status. I will be eligible to file for citizienship late Aug 09.

Thanks

Vinny
 
vinnytheindian said:
I am in a similar situation. We are thinking of registering at a Community College to extend her I-20.

Just to follow up, if one files for I-130 (after the I-20 has been extended) in the situation described by OP, can the spouse stay in the US till the visa number becomes available or is the spouse require to maintain their status. I will be eligible to file for citizienship late Aug 09.

Thanks

Vinny
Click to expand...

She must maintain status.
 
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