I-130 and Fiance Application for Citizenship Help

A

Alex001

Registered Users (C)
Hello,

Here is the situation I would need advise with please.

My fiance is on Visa status right now and I will be eligible to apply for Citizenship 2 month after her Visa will expired. What would be the best way as to get married before my citizenship application and put her as a Wife or apply just myself and then get married and apply for I-130 for her and update the I-130 after I'll hopefully get citizenship. She won't be traveling back home within this period of time. Please advise.

Thank you,
 
Alex001 said:
Hello,

Here is the situation I would need advise with please.

My fiance is on Visa status right now and I will be eligible to apply for Citizenship 2 month after her Visa will expired. What would be the best way as to get married before my citizenship application and put her as a Wife or apply just myself and then get married and apply for I-130 for her and update the I-130 after I'll hopefully get citizenship. She won't be traveling back home within this period of time. Please advise.

Thank you,
Click to expand...

If she stays beyond her visa expiration date, an automatic ban will be in place for reentering. I don't think you should take a chance. I vote for marrying her and have her leave the US before her visa expires. Once you are a citizen, just upgrade the petition. Good luck to you. ;)
 
Alex001 said:
Hello,

Here is the situation I would need advise with please.

My fiance is on Visa status right now and I will be eligible to apply for Citizenship 2 month after her Visa will expired. What would be the best way as to get married before my citizenship application and put her as a Wife or apply just myself and then get married and apply for I-130 for her and update the I-130 after I'll hopefully get citizenship. She won't be traveling back home within this period of time. Please advise.

Thank you,
Click to expand...

You may plan to marry her soon so that you can file I-130 and I-485 as soon as you get your Naturalization certificate which could take about 8 months from now. Even if she goes out of status for eight months, she can still adjust her status to that of a permanent resident as spouse of a US citizen when the time comes.
 
sirch320 said:
You may plan to marry her soon so that you can file I-130 and I-485 as soon as you get your Naturalization certificate which could take about 8 months from now. Even if she goes out of status for eight months, she can still adjust her status to that of a permanent resident as spouse of a US citizen when the time comes.
Click to expand...

Thank you for reply. So, as I understand I have to marry her now when she still on Visa status. Then when I'll apply for Citizenship I should indicate that I am married and also file I-130 for her; after that hopefully I just have to upgrade her I-130.

Please clarify if I am right.
Thank you again!
 
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