Marriage with F1 visa holder while on GC

Z

Zyack

Registered Users (C)
Hello,

I am a greencard holder and planning to marry my fiance who is on F1 visa(on opt valid until 2013 - her employer is ready to sponsor H1 if needed). We are planning to get married in USA legally and then go to India for a traditional marriage ceremony.

1. While we get married in US, I am planning not to apply for I-130 until I become citizen(probably next year) and directly apply for her I-130 & I-485 as it will be more quicker....IS IT OKAY TO DO THIS WAY??

2. As she will have a valid visa to come back to us(either F1 or H1), I am hoping that she won't have any problem in reentry...AM I CORRECT??

3. Is it good for her to be on F1 WHILE COMING BACK TO USA (or) GOOD TO BE ON H1?
(if F1, i think POE officer might consider her showing immigrant intention. While on other side....if H1, she would need to get visa stamping while we are in India for marriage ceremony..NOT SURE WHICH ONE IS MORE RISK??)


Appreciate your suggestions and experiences....Thanks!!
 
Zyack said:
Hello,

I am a greencard holder and planning to marry my fiance who is on F1 visa(on opt valid until 2013 - her employer is ready to sponsor H1 if needed). We are planning to get married in USA legally and then go to India for a traditional marriage ceremony.

1. While we get married in US, I am planning not to apply for I-130 until I become citizen(probably next year) and directly apply for her I-130 & I-485 as it will be more quicker....IS IT OKAY TO DO THIS WAY??

2. As she will have a valid visa to come back to us(either F1 or H1), I am hoping that she won't have any problem in reentry...AM I CORRECT??

3. Is it good for her to be on F1 WHILE COMING BACK TO USA (or) GOOD TO BE ON H1?
(if F1, i think POE officer might consider her showing immigrant intention. While on other side....if H1, she would need to get visa stamping while we are in India for marriage ceremony..NOT SURE WHICH ONE IS MORE RISK??)


Appreciate your suggestions and experiences....Thanks!!
Click to expand...

H1-B allows "dual intent" so the fact of being married to someone resident in the U.S. is OK.

F-1 student do not have an allowed dual intent and it would be a problem.

This issue was previously addressed. I can't recall if it was you or someone with exactly the same situation or not. Look for that other thread.
 
BigJoe5 said:
H1-B allows "dual intent" so the fact of being married to someone resident in the U.S. is OK.

F-1 student do not have an allowed dual intent and it would be a problem.

This issue was previously addressed. I can't recall if it was you or someone with exactly the same situation or not. Look for that other thread.
Click to expand...

Thanks Joe...Really appreciate it :)

So it doesn't matter where we get married(US or INDIA) if she change to H1 visa from F1??
Do u think not applying for I-130 while on greencard and directly applying I-130 & I-485 together later when I become citizen is okay??
 
Zyack said:
Thanks Joe...Really appreciate it :)

So it doesn't matter where we get married(US or INDIA) if she change to H1 visa from F1??
Do u think not applying for I-130 while on greencard and directly applying I-130 & I-485 together later when I become citizen is okay??
Click to expand...

Concurrent filing after you naturalize would likely be the fastest process. Filing an I-130 while still an LPR would slow things later when filing the I-485 because they would have to retrieve the I-130 and consolidate it.

The other question has been answered already.
 
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