Marriage During Transition from Greencard to Citizen

K

kpark00

New Member
Hi. Really would appreciate your help. Here is my situation.

FIANCEE: Currently F-1 holder and will be under F-1 status for 2 more years.

ME: Greencard holder, but in the Fingerprinting Stage of Naturalization and hoping to obtain citizenship in 4-6months (based on USCIS processing times)

Objective: Obtain Greencard for my fiancee
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HELP!
1. If we get married BEFORE my NATURALIZATION, do I need to file some sort of status change for my fiancee immediately, or can she stay as F-1 status until I am naturalized before we file for permanent residency? (When is the best time to get married or does it matter?)

2. During the process of applying for permanent residency, can my fiancee leave the country briefly (1 month) to see her family, or does this pose a risk in obtaining her greencard?

Much obliged!
 
kpark00 said:
Hi. Really would appreciate your help. Here is my situation.

FIANCEE: Currently F-1 holder and will be under F-1 status for 2 more years.

ME: Greencard holder, but in the Fingerprinting Stage of Naturalization and hoping to obtain citizenship in 4-6months (based on USCIS processing times)

Objective: Obtain Greencard for my fiancee
-----------------
HELP!
1. If we get married BEFORE my NATURALIZATION, do I need to file some sort of status change for my fiancee immediately, or can she stay as F-1 status until I am naturalized before we file for permanent residency? (When is the best time to get married or does it matter?)

2. During the process of applying for permanent residency, can my fiancee leave the country briefly (1 month) to see her family, or does this pose a risk in obtaining her greencard?

Much obliged!
Click to expand...

1. After marriage you can file GC for her, change of status would be easier after you become a USC. I think she can stay on F-1 status till marriage. It depends where the wedding will take place (US or abroad).
2. She needs a travel document to travel outside US during GC process.
 
1. If you marry before naturalization, being married to you would not give her any obligation or right to change status (unless she waits 4-5 years for the FB2A priority date to become current). So to stay in the US legally she would have to maintain F-1 status until you naturalize.

2. After she marries you, whether before or after your naturalization, leaving the US with the F-1 would run the risk of being refused entry to the US because F-1 does not allow immigrant intent. Once married, she should not leave the US until after you naturalize and you file the GC paperwork and she obtains an Advance Parole document or the green card itself.
 
Thank you all!
Jacolantern, regarding your second comment:

Are you saying the risk of her return to the US is because of her F-1 status (which would be the risk of any F-1 student) or because she is an F-1 status holder who is MARRIED which poses a higher threat upon reentry?
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It seems like marriage prior to naturalization is fine as long as she can maintain her F-1 status. (Approximately 6months to naturalzation. F-1 expires two years from now. I should be ok.) After my naturalization, I should start her GC paperwork and when I start this process, she should not leave the country.

Let me know if I'm missing anything. Thank you.
 
As you might know if F-1 needs USCIS authority permission before leaving country in form on signature on I-120 by school so she faces risk to come back and risk does not end there.Even changing school or changing study major need to be reported and permited by USCIS. In other hand if USCIS finds out that she is married with US resident or citizen, she could be denied entry or her visa be cancelled because nature of F-1 visa will change.Student visa has been design for the people who come to US for study and leave after completing the studies and that will be reson of denial.
All this laws was back in about 10 years ago and I don't know if there is any changes to it.One of the main problems back then was F-1 visa could not be change for any other kind of visa or residency and in case like yours, spouse needed to leave US and obtain immigration visa outside of US and later I heard that they changed this law and F-1 could adjust Status or change it to other visas. Now filling for her will make her to be stuck in the school she is right now and this was my biggest problem back then.My spouse could not even request changing school because there was big possibility of cancelling the visa and I needed to move to other area because of the job requirements.
Again this was going on about 10 years ago and if still is same, Do not marry and wait for your citizenship and this will save her if be questioned about marrying she does not have to lie or try to hide it or just in case if she be questioned on point of entry, she does not need to lie and be worry about it for rest of her immigration journey.
I am suggesting do some research and see if there has been any changes to it in last 10 years.I really learned this in extremly hard way and fell in very bumpy road for several years and don't wish the same for my worse enemy and I am so glad that could spend it here.
Good luck
 
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