GC Holder wanting to get married

M

Miss_chang

Registered Users (C)
Folks,

I wish to get married. The problem is, I've got a GC while my significant other lives in my home country and is on a process of coming to the states on F-1 visa.

Which will be faster? Her coming to the States and then getting married or going home, getting married and applying for I-130?

Please help.
 
Does your significant other already have her F-1 visa?

Miss_chang said:
I wish to get married. The problem is, I've got a GC while my significant other lives in my home country and is on a process of coming to the states on F-1 visa.

Which will be faster? Her coming to the States and then getting married or going home, getting married and applying for I-130?
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Even if he has acquired a F-1, lawfully you can't enter US as a student if you have the intent to adjust status. Just file for him it's not taking very long for GC holders spouse to get a immigrant visa, it is well under a year for most F2A even for consular processing.
 
namecheckvictim said:
lawfully you can't enter US as a student if you have the intent to adjust status.
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could always enter as f1 without the intent, and then change your mind, but not before 60 days from the entry day.
decide yourself which way is better. f1 may be faster and you'll have a chance to know your girlfriend better.
 
Triple Citizen, she doesn't have her visa yet.

She's going to the States w/ an intent to study, not to adjust status or anything. She's not gonna come here for Bachelor's but for Doctorate. I could always get married at home and file for her papers to take her to the States but I've heard that it normally takes about 3-4 years and I fear, our marriage will just prevent her from getting her degree on time ( as she'll be forced to wait until she gets approved ).
 
Miss_chang said:
I wish to get married. The problem is, I've got a GC while my significant other lives in my home country and is on a process of coming to the states on F-1 visa.
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On the visa application, did she mention that she has an LPR fiance? If she didn't, it would be inadvisable to marry any time soon, as a marriage in the near future runs the risk of them accusing her of failing to disclose her fiance on the F1 application.

She's not gonna come here for Bachelor's but for Doctorate. I could always get married at home and file for her papers to take her to the States but I've heard that it normally takes about 3-4 years and I fear, our marriage will just prevent her from getting her degree on time ( as she'll be forced to wait until she gets approved ).
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The wait used to be about 4 years, but now it's under a year.

If she manages to enter the US with the F1 visa, you could marry her and file for her, but it would be advisable to select consular processing on the I-130, because attempting adjustment of status in the US runs the risk of being denied for having preconceived immigrant intent. While they are generally lenient on the immigrant intent issue for spouses of US citizens, she can't expect that leniency while you are a permanent resident.
 
Jackolantern said:
attempting adjustment of status in the US runs the risk of being denied for having preconceived immigrant intent.
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And how they'll find of this intent if nobody tells them? The intent was to study, that's why F1, and then another intent appears - to marry :)
 
kostyan said:
And how they'll find of this intent if nobody tells them? The intent was to study, that's why F1, and then another intent appears - to marry :)
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They infer intent based on actions. Don't expect an intelligent or hostile interviewer to believe the marriage was a sudden and new thing, especially when the reality is the marriage plans were already there. A marriage too soon after getting the visa, followed by an AOS filing, runs the risk of raising two elements of suspicion -- lying on the visa application (by failing to mention the fiance when applying), and having immigrant intent.
 
If she's coming to study for a doctorate, won't you be a USC by the time she graduates? Is there some reason to rush the marriage?
 
There's no big rush but our parents want us to get "bonded" as soon as possible.

Jackolantern, She's yet to file for her F-1.
I'm absolutely clueless about the wait and what not thing. What's the normal procedure after getting married? I go back to the states and file for I-130? What will her status be after she got approved?

Also, I heard that visa issuance (or paper issuance) depends upon Country of origin, any truth?
 
Miss_chang said:
Jackolantern, She's yet to apply for her visa and we're not married yet.
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She probably won't get the visa, due to having an LPR fiance.

By the way, what's the normal procedure of getting I-130s? If I got married, would I return back to the States and file for it or could I do it at any American embassy. And what would her status be after she gets approved?
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You would return to the US and file I-130 in the US. After your priority date is current and the I-130 is approved, both you and she will be contacted about filing other paperwork (e.g. I-864, DS-230) with the consulate and setting up the interview, fingerprinting, etc.

Also, where do I find the info about visa bulletin?
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http://www.travel.state.gov/visa/bulletin/bulletin_1360.html
The Family 2A category is what you need to watch. Once you marry and file the I-130, the whole process start-to-finish should take somewhere between 6-12 months, if family 2A continues to have a very small backlog.
 
You both want to marry each other, correct? You both are free and willing to marry each other. Isn't that the definition of being engaged? Keep in mind, an "enagement ceremony" is not a requirement to be "engaged" to each other.


Miss_chang said:
huh. We're not engaged yet. Does she need to disclose who her boyfriend is? :S
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Miss_chang said:
Folks,

I wish to get married. The problem is, I've got a GC while my significant other lives in my home country and is on a process of coming to the states on F-1 visa.

Which will be faster? Her coming to the States and then getting married or going home, getting married and applying for I-130?

Please help.
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You can play with words all you want, here, but don't try that with the immigration authorities. Boyfriend, fiance, significant other, planning on getting married, or bonded. Who do you think that will fool? Human Beings are the worst liars in the animal kingdom.

Have a nice LONG engagement and let nature take its course. Quit trying to overthink and play the system.
 
It all will depend on the timeline. Has your girfriend already applied for a school? Has she been accepted? Getting a student Visa is usually easier, but she shouldn't be married to a GC holder in that case. Best thing in this case is not to talk about any boy friend that has a GC during the interview. You could then get married later in the US or at home and adjust status in the us, however that is usually a pain and in order to travel she might need a advance parole. Just don't get married right away after she received the F-1 visa, that would look odd.
However if she wants to go to school in a year or so applying directly for a GC after getting married would be the best thing. There are many benefits going straight to a GC, you never have to deal with any visa issues or keep you status current and all that crap. She also might qualify for instate tuition depending where she wants to study. So if you have the time you should just get married and wait for at least 6 months, probably a year the get the GC (the priority dates for F2A should become current very soon, that means processing would basically be the same as if you were a citizen). I am currently waiting myself for the i130 approval for my wife.
 
Miss_chang said:
huh. We're not engaged yet. Does she need to disclose who her boyfriend is? :S
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She needs to disclose her fiance, which is you. Otherwise, things may get ugly in the green card interview, when you have to relate the story of your relationship and how and when it developed to the point where you got married. They'll look at the timelines and realize she probably was planning to marry you from the moment she got the student visa.
 
Well, she's yet to apply for colleges. So I suppose, we'll just get married first and wait for her approval. She'll then eventually come to America and apply for colleges. I don't want this to become more complicated as you all have suggested. This is a legit and a valid relationship.

Thank you for your input. Btw, what will she receive upon approval. I mean, will she get a visa to America or does she get a perm residency status?
 
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