Marry (a non-citizen/LPR) before or after Naturalization process?

Z

z66

New Member
Hi.

My gf and I are planning to get married. I’m a green card holder (and have been for 10 years), and she is on her OPT and has 1 more year unless she gets her h1b visa. I know I can sponsor her as a lawful permanent resident, but to my knowledge, that would take too long. So I was planning on becoming a citizen, which would expedite the process. The question is, should we get married before I send the N-400 form, can we marry during the time the application is processed (i.e. after I send the N-400 but before I take the oath), or should we wait until after I become a citizen in order to reduce any processing times.

Additionally, if we marry before I become a citizen, should my gf file any forms (like the i-130) that would reduce any processing times once I become a citizen? What would be the best and quickest options?

Thanks
 
I assume gf stands for girlfriend, not grandfather. :):):)

I would get married now and send the application now as a LPR. If the application is pending while you become a USC, then you can upgrade it and get faster processing.
 
Marriage date is not that important here. I would apply for her AOS after you become a USC. In that case, you can file everything together - I-130/I-485/I-765. No H1B may be necessary if you become USC soon enough.
 
fbanna79 said:
I assume gf stands for girlfriend, not grandfather. :):):)

I would get married now and send the application now as a LPR. If the application is pending while you become a USC, then you can upgrade it and get faster processing.
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I think upgrading it is not easy. It takes time to reterieve the previous file (LPR paperwork of his wife) and amend it in order to get faster processing.

If I were him, I would file AOS for her after becoming a US citizen without updating anything (except change of address or making correction).
 
If you get married first, she is likely to have problems re-entering the US if she travels with an F1 visa. Wait until you get citizenship or she gets an H1B, then get married.
 
Some people warn that applying for green card from an F1 status (an OPT is an extension of the F1) is risky, since F1 is non-immigrant intent while H1 is dual intent, so its much easier to get the green card process done smoothly if she is on H1, but not sure. If I were you, I would talk to a lawyer or wait for answers from people in this forum.
 
Thanks for the replies so far. I truly appreciate it.

First, gf = girlfriend :)

Secondly, my thoughts were initially whether a new marriage to an F1 visa holder could slow down the naturalization process. However, as I've learned there are also a bunch of other things to consider. For example, if we're newly married after I become a citizen and she is still on the opt, it looks more suspicious, where as if we marry now, and file the documents after I'm a citizen, it may appear less suspicious.

The main problem is time, and her H1b is not guaranteed, so we wouldn't want to leave it up to chance. As far as I know she wont have to travel outside the country during this time.
 
In that case, if you are quite sure of her not traveling for the next couple of years, then it might work out better to get married first. But if you go that route, don't come back complaining that she had to travel because a family member got sick and they won't let her back into the US (or they let her in without knowing she's married to you, then later deny her green card for misrepresentation at the port of entry). And if you wait until after getting married to begin the process, don't get married and file for her right after she last entered the country with an F1, as that could also lead to green card denial.
 
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The Truth

F1 or no F1, your you can still help her get her legal GC.

I was a B1 then F1, then i married a US citizen - used a lawyer to convert from F1 to GC. And now i am in the have am a US cit.

Important thing make sure you both pay taxes together and have good moral character.

Its better to get a lawyer and get advise from professional legal experts.
 
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