Green card holder marriage

F

Fuhberry

Registered Users (C)
I wanted to ask Im a Green card holder sometime mid next year i would be eligible to apply for Citizenship... However if i marry someone while i am on GC I can apply for my spouse Green card? She is in Canada on Canadian Green card... what would be the best solution for a situation like this ??

Has anyone been thru something like this? I also hear now a days Green cards thru Marriage processing has speedup??

Any Advice?
 
Here are waiting time for GC holder wife. See item F2A 15NOV09
http://www.travel.state.gov/visa/bulletin/bulletin_5692.html

It means that waiting time is about 2.5 years (before I-130 gets current)
So for your case it'll be faster to become a citizen and then file I-130 & I-485 in one package.

As for when to marry - it depends on circumstances. If there are abroad travel plans I would wait, since there may be issues with entry in case of non-immigrant visa & marriage.

I got married 2 days after I became a citizen and sent I-130 & I-485 in a week.
 
Jackolantern said:
But the I-485 can't be filed with the spouse in Canada.
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Sorry, missed the point that she is in Canada and not a Canadian citizen.
Then one way would be to go through consular processing, i.e. file I-130 while she is there. It'll take time though.
search for "consular processing" at http://www.uscis.gov/ (their links are bad for some reason)

Another option is to try to get a visa for her so she can enter US (e.g. student visa) and then file from here. Filing too soon after entry is not desirable since it'll show immigration intent while entry with non-immigrant visa.
 
kostyan said:
Another option is to try to get a visa for her so she can enter US (e.g. student visa) and then file from here. Filing too soon after entry is not desirable since it'll show immigration intent while entry with non-immigrant visa.
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However, the visa is very likely to be rejected, because of having a permanent resident spouse in the US (unless it's a dual-intent visa like H1B or L1, for which it's acceptable to have immigrant intent).
 
Atnw96

How come? Visa application asks about relatives only, no fiances or friends or anyone else.
 
kostyan said:
My bad, either it was not there before or I did not notice.
Anyway, as I understand being fiance is just a state of mind. I.e. there is no official way to check if someone has fiance.
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They probably won't discover the existence of the fiance during the nonimmigrant visa process, but a marriage that takes place shortly after getting the visa is a good indication that the applicant already had a fiance at the time of the visa interview. That can then lead to denial of the green card, especially if further investigation finds more solid evidence of the pre-existing marriage plans, e.g. suppose the venue where the wedding occurred requires a 3-month advance booking.
 
Jackolantern said:
They probably won't discover the existence of the fiance during the nonimmigrant visa process, but a marriage that takes place shortly after getting the visa is a good indication that the applicant already had a fiance at the time of the visa interview. That can then lead to denial of the green card, especially if further investigation finds more solid evidence of the pre-existing marriage plans, e.g. suppose the venue where the wedding occurred requires a 3-month advance booking.
Click to expand...

Right, so in case of visa entry there should not be hurry with a marriage.
 
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