Marriage to F1 Holder after applying for naturalization

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bhartiya_12

Registered Users (C)
If one applies for naturalization and then gets married to a F1 student before getting naturalization, how does it affect the naturalization process? Is the application supposed to intimate USCIS about marriage to the F1 holder in this case?
Can the naturalization process and F1 student continue to maintain their independent statuses while the naturalization process is ongoing?

Does it affect the F1 holder in any way?


Thanks
 
Whether naturalization is initiated or not, the F1 holder is likely to have problems if they ever travel outside the US and attempt to re-enter, because being married to a GC holder or US citizen who lives in the US is evidence of immigrant intent.
 
The applicant has to update the IO about the info during the interview and it will be added to the n400 . It doesn't affect the application other than that.

I am not very sure how it affects the F1 holder but you can search the forum.
 
I cannot see how waiting to get married is a good idea. Postponing life altering events just to please such a whimsical agency is a terrible idea really!
 
aabbcc11 said:
I cannot see how waiting to get married is a good idea. Postponing life altering events just to please such a whimsical agency is a terrible idea really!
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It is a terrible idea to ignore the immigration consequences of the timing of the marriage. That "whimsical agency" can screw up your life. Get married too late or too soon, and you could end up being separated for years.
 
Jackolantern said:
It is a terrible idea to ignore the immigration consequences of the timing of the marriage. That "whimsical agency" can screw up your life. Get married too late or too soon, and you could end up being separated for years.
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I have to agree. The consequences of not having the natz cert when you get married, is that your F1 spouse risks not being allowed to reenter the US if they travel abroad. At least if you do have the natz first, your can immediately sponsor them for I-130/I-485/I-131.
 
If you apply for a citizenship, it won't affect your status, but if you marry your partner who is on F1 and you are on naturalization process, it will surely affect your F-1 holder's status and it won't affect your own naturalization process because F-1 is not an immigrant intent. It is too riksy

There are options:
1) Finish your own naturalization process and your spouse partner should finish college and get her/his own job and get h1. then you can get married. Remember H1 is a dual intent. When s/he gets on H1 status, you can marry your partner and then you can file 1-130 or 131 and then I-485 while you are on naturalization process. It will take a long time for your spouse partner unfortunately because you are not a US citizen yet.

2) After you get citizenship, get married in another country (I am not sure if getting married in usa is a good idea. search for answers in this forum) and file 1-130 or I-131 and then I-485 for your spouse partner if your spouse partner is on H1 and is in usa. or just file to NVC (US embassy or US consulate if your spouse partner is outside usa. It may be a quick process.

3) Get your partner file his/her own H1 and have a employer sponsor her/him for gc. Unfortunately, the process is very painful, too worrisome (economic-layoff, termination, etc), too lengthy, and too costly.

4) File a green card lottery if your partner's birth country is in the list of countries that are eligible. You might get lucky and the process is painless.
 
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I really don't see the need to go the H1 route. In fact the limited quota makes it really quite difficult to even get one these days.

I'd also take issue with the advice to get married abroad and then file I-130/I-485. Fundamentally this wouldn't work, because the new spouse most likely wouldn't be allowed to reenter the US after the marriage. Once married abroad, the available options are limited to either K-3 or CP, and both take about 9-12 months.
 
My take on this is like this is:

The time line for naturalization can vary dramatically depending on the name check poker round and also the particular service center/district office processing times. That said, if a F1 person gets married to a green card holder (the person is in this status until the Oath ceremony), then each person has to maintain independent immigration status. The problem is that if the F1 person leaves the US and comes back during the time the husband is not yet a US citizen then the F1 person can be denied admittance. F1 (unlike H1B) is not a dual intent visa and one has to prove non-immigrant intent at all times.

Assuming the F1 person has no intention of travelling outside the US, then there should be no problem. Marrying within the US has absolutely no problems, particularly if the F1 person has lived for at least 6 months in the US before getting married and continued to maintain valid F1 status by continiung his/her studies.

You have not indicated if you have married or not, so either way good luck!
 
Ok. I understand that the F1 holder will have issues when travelling outside the US and returning. A related question maybe. Can the F1 holder take up another degree program after finishing their first degree program them came for, to extent their stay in the US until the GC holder gets their citizenship? Once the GC holder gets their citizenship life seems easier.
 
bhartiya_12 said:
Ok. I understand that the F1 holder will have issues when travelling outside the US and returning. A related question maybe. Can the F1 holder take up another degree program after finishing their first degree program them came for, to extent their stay in the US until the GC holder gets their citizenship? Once the GC holder gets their citizenship life seems easier.
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Yeah they can take any program as long as they can get I20 for that program.
 
bhartiya_12 said:
Can the F1 holder take up another degree program after finishing their first degree program them came for, to extent their stay in the US until the GC holder gets their citizenship?
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The F1 holder may not be able to get another F1 to continue studying, if married to a GC holder.
 
I am in the same situation as you. I am in the process of getting my citizenship. I want to marry this girl on F1. We have decided to postpone marriage till after I finish the oath and get my passport.

Women tend to be in a hurry. But if you think about this rationally, waiting is the right thing to do. In the meanwhile, though, gather evidence. Get her on your lease, on your bank account, as a benficiary of your insurance. This stuff will help with her GC application later on.
 
diavon said:
Women tend to be in a hurry. But if you think about this rationally, waiting is the right thing to do. In the meanwhile, though, gather evidence. Get her on your lease, on your bank account, as a benficiary of your insurance.
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It's not a good idea to do that if she intends to travel outside the US while still in F1 status. You don't want them to notice at the green card interview that she's been closely tied to a green card holder since 2008, but she re-entered the US in 2009 using an F1 visa, thereby misrepresenting her (non)immigrant intent at the port of entry.
 
The F1 holder will have a period of time when s/he cannot travel after marrying GC holder or USC holder. This is a certainty because the paperwork takes time. Now if the n400 gets stuck that means they can't get married for even longer.

The person has to choose which is more imp - wedding or travel plans? Being married has certain benefits that should also be considered.
 
The question was already answered but there are some incorrect suggestion in the mix here is a sumary.

1. It is sad that a person has to decide to get married or wait simply because the USCIS can not do their job in a timely maner. But this is the reality and until it changes, we have to keep that in mind



shefe said:
So what was the conclusion on F1 visa marrying green card holder
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