green card holder marrying F1 visa holder in the US.....HELP PLZ!!

I

Indian1111

New Member
my fiance is on F1 and i have a green card.......we will be getting married soon in the US.....and im going to be filing for his green card thereafter...would like to know the following;

1) is it true that if the fiance is already in the US the whole process takes less time than if he/she is outside the US?

2) how long does it take for the PETITION for I-130 to be APPROVED , NOT , how long it takes to get the actual green card..?

3) can the I-130 and I-485 be filed together?

4) how long does it take from filing the I-130 to getting an EAD..........

5) and what are the step from filing I-130 to EAD approval.

if someone could plz give me some information , it would be just great...

thanx :confused: :confused: :confused:
 
Here are the answers to your queries:-

(1) That holds true in some cases. Won't help you I am afraid.
(2) That depends on your service center.
(3) Only for immediate relatives. Your fiance' will not be one.
(4) Your fiance' will not be eligible for an EAD because of your I-130.
(5) See 4.

Read up at http://www.uscis.gov
 
Your fiance is eligible for an EAD based on his F-1 status. If you file the I-130 before he gets an EAD based on his F-1, he is proving immigrant intent and I think his F-1 is no longer valid. I would recommend contacting a lawyer, to confirm this.

Until you are a US Citizen, however, the AOS process could take years. If you are not eligible to be a citizen for a while, his best bet is to be sponsored for a H-1B visa, which allows immigrant intent.
 
filing I-130 does not invalidate F-1. Filing for AOS (I-485) does in most cases.

You cannot file I-485 for your wife because you are not a citizen, and it would take about 5-6 years from the moment you file I-130 to the time when he/she can actually file I-485 based on that petition due to visa quotas, if you do not become a citizen.
 
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