gettting married

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mk1039

Registered Users (C)
i just got GC and will be getting married to a girl in my home country. keeping in view the delay in bringing wife to US through marriage, is it a better option that the girl comes to US as student F1.....and then we get married ? thanks
 
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No its a bad idea, if she comes as F-1 and you get married here, she will be considered having pre-concieved immigrant intent which is not allowed in F-1.
If you apply sometime later to be safe say six months later, if you file at that time then by the time a visa number will be available for her it will be about three years, and for all this time she will have to maintain F-1 status, she will also will have to stay in US for all this time also as she will not be able to re-enter as F-1 again after you file for her.
 
They probably won't give her the F1 visa. On the application she will have to mention that she has a fiance with GC living in the US (if she doesn't mention that fact, they will catch the lie when she applies for a GC after marrying you).

And if she gets the visa, she better apply for the GC using consular processing, because if she pursues adjustment of status before you become a citizen she risks being denied for having preconceived immigrant intent (spouses of US citizens are treated leniently on this issue, but not spouses of LPR). When applying for the visa she also needs to say the same thing -- that if/when she applies for the GC she will pursue it at the consulate and will not stay in the US to file for AOS.
 
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