green card holder getting married to international student

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blackqueen02

New Member
Hi!
I'm planning to get married with my boyfriend, who is actually an international students living in the US. I have carried permanent residence as a result of asylum for over 2 years (almost 3). I am wondering what benefits will he obtain by marrying me. I will be getting my citizenship in a few years, will he be able to accelerate the process by then?

Thanks A lot!!
 
As a GC holder, you should be able to sponsor the GC application of your spouse. However, there might be a long wait involved due to retrogressed Priority dates.

Yes, citizenship will allow faster sponsorship.



blackqueen02 said:
Hi!
I'm planning to get married with my boyfriend, who is actually an international students living in the US. I have carried permanent residence as a result of asylum for over 2 years (almost 3). I am wondering what benefits will he obtain by marrying me. I will be getting my citizenship in a few years, will he be able to accelerate the process by then?

Thanks A lot!!
Click to expand...
 
Make sure that once you get married, he does not travel outside the US with the F-1 visa, because he might not be allowed to return. F-1 requires not having immigrant intent, and being married to a GC holder is evidence of immigrant intent. It might make sense to wait until you are a citizen before you marry, so he won't need the F-1 visa after marriage.
 
Or you can just marry and let him continue on F1 till you get citizenship and then apply for his GC.
 
possibility of work authorization?

blackqueen02 said:
Hi!
I'm planning to get married with my boyfriend, who is actually an international students living in the US. I have carried permanent residence as a result of asylum for over 2 years (almost 3). I am wondering what benefits will he obtain by marrying me.
Click to expand...


Can he get a work authorization papers after filing petition for GC eventhough he will havwe to wait?
 
udi said:
Can he get a work authorization papers after filing petition for GC eventhough he will havwe to wait?
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He cannot apply for employment authorization papers (EAD) until the I-485 is filed, and with marriage to a green card holder it takes about 5 years just to become eligible to file the I-485 (currently they are accepting I-485s from people who filed their marriage-based I-130 in July 2002).

However he can work with an H1B visa, since that does not require nonimmigrant intent. But of course, he must find a sponsor, and because the quota is likely to be used up on the first day of April, there is no guarantee of getting the visa even if a sponsor is found.
 
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There is another complication: upon getting married to a GC holder, the spouse who has the F-1 probably will not be able to extend their F-1. So unless the F-1 lasts for 5 years, chances are they will have to leave the country or get an H1B visa before getting the green card.
 
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What if they get married say today, and they do not file i-130 until the gc holder becomes a citizen
Is marriage per se an immigrant intent if you dont file for benefits?
 
techbuyer77 said:
What if they get married say today, and they do not file i-130 until the gc holder becomes a citizen
Is marriage per se an immigrant intent if you dont file for benefits?
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Yes, if the marriage is to a GC holder or citizen living in the US. But maybe the USCIS won't know about the marriage if you don't file the I-130, nobody changes their name, you don't have any kids, and you don't travel together. However, US marriages are recorded in public records, so they could find out if they wanted to. It would be a big risk to travel with the expectation that USCIS won't know about the marriage.
 
I got married to my husband while he was on f1 and I was on h1b and we filed AOS together after one year. But he did not have to renew f1 during that year.
 
techbuyer77 said:
I got married to my husband while he was on f1 and I was on h1b and we filed AOS together after one year. But he did not have to renew f1 during that year.
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That is a very different situation. An F-1 student married to somebody who has filed (or is about to file) I-485 can also file the I-485 as a dependent.

But if they marry somebody who already has a green card, they go into a different queue which takes about 5 years for them to become eligible to file the I-485.
 
SAME QUESTION:

This thread is really a good one for my personal case. I have learned a lot but still have some questions:

1. My fiancee' is holding a Green Card and will be eligible to apply for US citizenship after
3 years from now. Should we apply for my GC when she will file for her Citizenship.?

2. Once my fiancee' becomes citizen how long does it takes to get green card for me? 6 months.....1 year......I am from India and also currently holding F1 status.

3. Is it advisable to not apply for my petition at this time, until she becomes citizen?

Please reply.

Thank you.
 
kruz_patz said:
SAME QUESTION:

This thread is really a good one for my personal case. I have learned a lot but still have some questions:

1. My fiancee' is holding a Green Card and will be eligible to apply for US citizenship after 3 years from now. Should we apply for my GC when she will file for her Citizenship.?
Click to expand...
How many more years of F-1 do you have? Do you have enough years left to wait until she gets citizenship?

2. Once my fiancee' becomes citizen how long does it takes to get green card for me? 6 months.....1 year......I am from India and also currently holding F1 status.
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Typically 6-12 months. But some people can be very lucky or very unlucky and get it in 3 months or 3 years.

3. Is it advisable to not apply for my petition at this time, until she becomes citizen?
Click to expand...
Once you file it, your F-1 visa is useless, and you have to wait years to file the I-485 if married to somebody who already has a green card (as explained above, marrying somebody before they get a green card allows filing I-485 together). But if you can get an H-1, you can get married and file for the GC and still keep the H-1, because H-1 does not require nonimmigrant intent.
 
Thank a lot for replying..........

I am going to graduate very soon and will find an employer who is willing to hire me with H1B filing in 2008 quota. I don't have enough time left on my student visa and also I am done with my studies so just looking for job and get H1B.

So as you said in your 1st reply, I'll loose my F-1 status if we file I-130.......???
 
kruz_patz said:
Thank a lot for replying..........

I am going to graduate very soon and will find an employer who is willing to hire me with H1B filing in 2008 quota. I don't have enough time left on my student visa and also I am done with my studies so just looking for job and get H1B.
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Did you apply for OPT? If not, you should get the OPT and work with it until you can get an H-1B. The 2008 quota is already full, and applications for the 2009 quota aren't accepted until April 2008. If you want an H-1 before October 2008 you'd have had to already have an H-1 within the last six years and it should be less than six years since the first H-1 was issued (so it would be treated as an extension of the old one still within the 6-year limit, rather than a new one subject to the quota).
So as you said in your 1st reply, I'll loose my F-1 status if we file I-130.......???
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I don't know if you'll lose your status immediately, but you'll definitely have problems re-entering the country with an F-1 if you've filed the I-130.
 
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