Getting Spouse on F1?

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buzz9099

Registered Users (C)
Guys,

I need some advice on this matter, my I485 PD is current, Labour was filed in Sep 2002, EB2. Now i am planning to get married this year. My H1 has expired and i am using EAD and Advance parole for my travels.
What is best the way to apply GC for my spouse, currently my finacee is trying to F1 visa since she has all the admission to couple of colleges. Can any one suggest what is the best way.

Thank you
 
I think your best option would be to for your fiance to go on an F1. That will give you guys at least 4 years with her in the States. It will take a few more years for you to get your GC and then you can either apply for her GC right there or wait till you become a citizen, either way it will take a while. At least while she's an F1 she has other options after graduation here in the US.
But if you marry her and apply for her GC, she will most likely not get her F1 approved since she has an intent to come and stay in the US.
 
Thank you payala,
She will going for F1 visa before our marriage.
Once she comes to US on her F1, should we get a marriage certificate again here or will our out of country be valid. And is it better if we file I130 as soon as we are in the US?
 
buzz9099 said:
Thank you payala,
She will going for F1 visa before our marriage.
Once she comes to US on her F1, should we get a marriage certificate again here or will our out of country be valid. And is it better if we file I130 as soon as we are in the US?
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are you planning to get married in US? if so, you would get the marriage certificate from court house or church. if you marry in oversea, you should get the marriage cert from oversea.

be very careful of the intention of your gf coming to US on F-1 and get married with you. I am sure someone would say it is not an issue. F-1 is an non-immigrant visa and it shall intent to use for study. but since you know she comes to US using the F-1 and marry with you..... intention would be questionable. anyhow, do what you think is right to you two.

what are you going to do with the I-130? you are not even a green card holder yet. even if you were a greencard holder, it would take around 4-5 yrs to fill the petition of your wife getting a gc based on marred to a GC sponsor.

or you want to just get the I-130 approved, and let it sit in USCIS for few yrs and wait till the PD to become current?

anyway, not sure what is the best for you in terms of the I-130, since you two still have a long way to go.
 
I wouldn't file anything yet if I were you. I wouldn't get married as soon as your fiance got her either. Just give it few months, if not it's gonna look very suspicious. It would be better not to do anything till you actually get your GC.

When I got married we had to get a marriage license and then when we got married we got the marriage certificate.
 
My Fiance will go to the consulate for her F1 before getting married. We are planning to get married after her F1 comes thru. So when we come to US, she will be on F1 and me, probably still waiting for my I485 to get approved.
According you payala, should i wait for like 6 months to do anything? Can i include her into my GC if i am still waiting for my GC? If I get my GC by then, what should i do?
Again, thank you all for your opinions, it really helps me a lot!!
 
Do you still have your H1 status? If so, you should get marry and then apply a H4 for your wife so that she can come to US with H4 Visa. She can be added to your i-485 and get the GC at the same time as yours.

If you no longer has a H1 status, then the best way is for her to come using F1 visa and study. No need to get marry too soon since that doesn't help the situation. You can wait till you get your green card, then get marry. She will have to wait a few years for the Visa number to be available. Five years after you got your GC, you can become a US citizen and you can submit i-485 for her at that time and she no longer need F1. However, within these five years, she needs to use F1 and stay in school.
 
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I am not sure if you can add her to your application for a GC or not.

But if you can't, I agree with Panda12, it would be better for her to just stay as an F1 and stay legal here. Residents don't get the same benefits and USC so you won't be able to file the 485 right away, there is a long wait. Plus even if you were a USC and you could file everything for her as soon as she got her F1, that wouldn't be be legal. the intent of obtaining an F1 is to come here for a while and then go back, if her intent is to immigrate, her F1 would be denied. I hope I'm explaining this well. I am an F1 too but I didn't come here with the intent of getting married and staying here. There's a difference.
 
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